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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default How to Defend Against Shoplifting Charges, and Rights While in Jail

    Summary
    My mom was caught shoplifting at Macy's. The security guard used unnecessary force on her. She was crying, she gave back the stolen merchandise and yet he proceeded to slam her against the wall and handcuff her. The store manager came out and told him to take it easy. She was scared and not in her right state of mind when she was told to sign some documents. It was wrong of her to do that and she really regrets doing so, it is her first offense. She had to spend a night in jail and was traumatized from the experience. She is extremely depressed from the ordeal and I believe the treatment she received from the security guard and the jail officers was negligent. I'm not aware of procedures or prisoner rights. I would appreciate your help very much, thank you.

    My question involves criminal law for the state of Texas.
    Here are my questions:

    Shoplifting
    1. Is there anything we can do to prevent this from going on her permanent record? I have heard of expungement, non-disclosure, and deferred adjudication. What is our best option? And how long will she have this on her record before she can ask for a pardon?
    2. Macy sent her a letter fining her $377 for the cost of goods she stole even though they already recovered all these goods? Is it in her best interests to pay the fine? She already has to go to court for the shoplifting charges?
    3. How do we defend ourselves or reduce the charges? I believe its either a class B misdemeanor or a felony charge on her part. The yellow paper says felony.

    Negligent Treatment
    1. In prison, the officers could have processed her but they went to sleep. Are they allowed to do that? They didn't even let her sit down, they made her stand for six hours while they took a nap.
    2. I read something about prisoner's private rights being stripped in jail. The toilet in the cell for the women was public yet male prison guards were passing back and forth, my mom had to hold in her urine.
    3. The officers were also rude, and her experience in jail was so emotionally traumatizing for her that she is now on depression medication.
    4. The Macy's security guard used unnecessary force on my mom, she wasn't even trying to flee, just crying. Do we have a case against him?

    Thank you for your time and kind consideration. I'm only 17 and I don't really know how all of this works.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How to Defend Against Shoplifting Charges, and Rights While in Jail

    It does not sound like your mother has any claims other than to being a thief.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: How to Defend Against Shoplifting Charges, and Rights While in Jail

    Your mom will want to retain a Criminal Defense Attorney. If she cannot afford one, she will need to plea "Not Guilty" and ask for a public defender. The attorney can best advise her on how to get a First Time Offenders program, or Diversion program (these cost money; and note that a public defender, if she qualifies, does have a fee as well).

    Yes, she needs to pay the Civil Demand that she received (the $377). This is a civil case against her, and is separate from the Criminal Case. If she does not pay it, she will receive another letter for a higher amount. Then they can take her to Civil Court, add in their attorney fees ($250+/hour). If she then fails to pay, it will be reflected on her credit rating.

    As for the negligent treatment, I really can't answer that. I again advise she discuss it with an attorney.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Defend Against Shoplifting Charges, and Rights While in Jail

    Your mother can consult a local lawyer about whether, given her history and the facts of the case, she might qualify for a disposition that allows her to avoid a criminal record. You have shared no relevant facts from her crime, but given that she is charged with a felony she either has priors or was engaged in a significant act of theft. We cannot suggest defenses as you've told us nothing relevant to the formation of defenses.

    She hasn't even resolved her case yet; once it's resolved she can decide if it's worth the time to apply for a pardon. You're in Texas, so you probably have a pretty good idea of her chances of getting one.

    As the civil demand letter says, she can pay the civil demand or risk being sued for more. Her choice. As the letter no doubt also says, it has no bearing on her criminal charge.

    You have not indicated that your mother suffered any injury whatsoever from how she was treated by the LP officer. Fill us in.

    How did the jail officers manage to make your mother stand up all night if they were asleep for six hours?

    I'm sorry that your mother was embarrassed about using the toilet in the holding cell, but you don't get much privacy in jail. There's no law that says prison guards have to be nice.

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