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  1. #1
    Join Date
    Dec 2010
    Location
    California
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    2

    Default Shoplifted in Target, in California

    My question involves criminal law for the state of: California

    One week ago my brother and I were shopping in the mall, and we decided to go into Target. I admit, I stole maybe $200 worth of CDs and DVDs. He didn't know about it. I didn't tell him, or show him. When we were leaving the store, my brother was the one who pushed the cart out of the store, and the alarm went off. My brother was the one handcuffed, and brought to the security office. They told me "We know it wasn't him, but since he physically pushed the cart out, we're taking him." and they asked me to sit in their food court (by myself, I wasn't with security or the police or even a Target employee). They didn't ask me if I did it, I didn't say a word to them except for "ok" when they asked me to wait. I thought the best thing to do with keep my mouth shut. I am a high functioning autistic, and sometimes, when something big happens (like this), I can either barely speak or yammer on, not really thinking about what I'm saying. So, I kept my mouth shut.

    An hour later, the Target security, the manager, and one policeman came back out and said that they were charging him, "since he was the one who physically pushed the cart out. We are not going to charge you, you can go home."

    My brother had nothing to do with it, nor did he know that I shoplifted. I didn't see the surveillance video, he did, and he said that it doesn't anything against him. His court date is January 10, and he is going to tell the court just that, that he had no clue (he really didn't).

    He already met with his lawyer and he said that his lawyer said that for him it's pretty much just a formality, there's no reason why they would do anything to him.

    But what about me? Will they still go after me? The Target manager and security said they weren't going to charge me because I didn't physically had anything on me when I left the store.

    I have a clean record, this is the first time I ever shoplifted (and the dumbest thing I ever did).

    Thank you in advance for your help.

  2. #2
    Join Date
    Dec 2010
    Posts
    105

    Default Re: Shoplifted in Target, in California

    This could be a tough call here. Do you know if your brother's lawyer is expecting to call you as a witness to testify for your brother? Basically, that would involve your admitting your own guilt to clear your brother. Honorable, but dangerous for you. You do not have to testify. You can do the classic Fifth Amendment statement: "Your honor I decline to answer on the grounds that my testimony might tend to incriminate me."

    Also, how old are you and your brother? If you are both juveniles that will take a lot of the sting out of this for either of you. It is still a problem, but less so than if you are adults.

    I will try to check back here tomorrow to see if you have any answers to my questions.

  3. #3
    Join Date
    Dec 2010
    Location
    California
    Posts
    2

    Default Re: Shoplifted in Target, in California

    semblance, thanks for your reply.
    No, his lawyer is not going to call me as a witness, thank goodness. And we are both adults.
    Thanks!

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Shoplifted in Target, in California

    At this first hearing there will be no witnesses. It should be the arraignment. That will be where the court reads the charges against the defendant and the defendant makes a plea.

    If charges are filed, you may be called as a witness at a future trial.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifted in Target, in California

    You need to tell the truth, as soon as possible, to a lawyer.

    Because of YOUR Actions, your brother is in a lot of trouble. Because of YOUR actions, your brother will have a criminal charge that will haunt him for the rest of his life. It will also cost him thousands of dollars. It can cost him jobs. It can keep him out of college programs.

    Having a criminal background can also mean your brother may not be able to get an apartment, since background checks are done on potential tenants.

    While I realize you do not want to be in trouble....is it fair to make your brother take the fall for what YOU did?

  6. #6
    Join Date
    Dec 2010
    Posts
    105

    Default Re: Shoplifted in Target, in California

    Quote Quoting xdementorsxkiss
    View Post
    semblance, thanks for your reply.
    No, his lawyer is not going to call me as a witness, thank goodness. And we are both adults.
    Thanks!
    Your brother's lawyer may seen the video and had access to other evidence, so perhaps he feels confident that the case against your brother is sufficiently weak he can get it dismissed or perhaps get your brother into a diversion program that woud allow him to avoid a criminal record. It is true that merely being in the company of another person who is shoplifting is not enough, in and of itself, to convict someone. What troubles me is that there is evidence of your brother's active involvement. He toook the goods out of the store and the relatively large volume of merchandise stolen pretty much eiminates the possibility that this was a cashier's error where something is not scanned in correctly. Still, your brother's lawyer would have vastly superior knowledge and his opinion may well be correct, even though it doesn't sound that easy to me.

    I think that you need more information and some time to let this play out. I agree with Pandora's Box that you should consult a lawyer. Specifically, your own lawyer. Your brother's lawyer cannot give you legal advice because of conflict of interest rules. If your brother's attorney can successfully resolve the case in a way which avoids your brother having a criminal record without going to trial, then the problem is solved. If not, and a trial is necessary, the issue of whether you become a witness is critical. If you testified and admitted guilt, your brother would have high odds of acquttal, especially if, as he says, the video does not otherwise implicate him. I also agree with Pandora's Box that testifying for him would be the honorable thing to do. I just want to be clear that you cannot be forced to do that and you should not make the decision without consulting your own lawyer first.

    To be clear, I suggest that you do not further discuss what happened with anyone other than your own lawyer.

  7. #7
    Join Date
    Apr 2010
    Posts
    15

    Default Re: Shoplifted in Target, in California

    Here is what strikes me as odd. You say you placed the items in the cart without your brother's knowledge? Was there already merchandise in the cart that you or he had already paid for when you concealed the items? My line of thought is why would he be pushing a cart outside that "should" be empty unless he knew there was something up? Or if he purchased items after you concealed them how did he not notice the extra items when he was checking out? Either the tape shows something you are not aware of or the Loss prevention dept thinks it does.

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifted in Target, in California

    That is a good question that Khaman brings up. $200 of CD's....that's 10-15 CD's. That's a small bagful.

    (1) Did you make prior purchases, then decide to look around some more? Brother went off to look at clothes, while you grabbed some CD's and chucked them into a bag of existing stuff, or one of those recyclable bags? Something like that?

    It is going to be best for both of you to speak to your individual lawyers, and be honest. Your lawyer will eventually see the tapes.....

    If your story is honest - in the end, aside from being honest to get your brother out of trouble, you should also pay your brothers legal fees and Civil Demand notice.

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