My question involves criminal law for the state of: Washington
I apologize if this is long but I want to be as thorough as possible, We do not know what my sister and my girlfriend are being charged for yet. I have posted this elsewhere but mixed the story up for various reasons. This will be the truthful story, I really need some help here. But first I think you may want a little background on both my sister and my girlfriend.
-My sister: Used to be a good person, straight A student and once a world class athlete. She has been on the wrong path for a long time now, my parents are divorced and she has been living with her mom while I have been living with my dad. My mother will not do anything about her behavior and she does not respect me anymore. Clean record, but it wouldn't surprise me if she has done something like this before.
-My girlfriend: Used to live in the state of California, she was sexually assaulted multiple times while living there and it has left her mentally weak. She has only pressed charges once and moved up to Washington. She has had a hard time both getting a Job and making friends. She has been utterly desperate to make a friend since she has been here. Also has clean record, but she has never done anything like this in her life.
Anyway, her and my sister decided to go shopping one night while I was at school taking my evening classes. My sister suggested trying to steal clothes from a large retail store. Well, they got caught doing it. My girlfriend had roughly $100.00 worth of merchandise and my sister had around $230.00 worth of merchandise, My girlfriend is eighteen and my sister is sixteen.
My girlfriend told me that both herself and my sister were cooperative and admitted to the crime. They were detained for a period of two hours before the police arrived. Now, generally this seems normal except for one problem. My girlfriend told me that even AFTER they admitted to the crime and were detained a man in his late forties was interrogating them using very strong language in a belligerent tone. He was at times screaming at my girlfriend if she tried to speak with him. I will not quote what she told me because the language is too strong but I can give some examples:
-He suggested that she become a prostitute.
-He suggested that she should sell the stolen merchandise for money, then use the said money to purchase a hard-core drug.
-He said vulgar comments about her living conditions. This was the basis for most of the attacks.
-He said sexually explicit things regarding both her and myself (I was not there, If I had been I would have stopped this mess before it started)
-He suggested that she should get a low end job, then elaborated on this with a vulgar, and outright mean comment on her intelligence as well as the mentally disabled.
While he is tearing my girlfriend apart, who is already scared out of her mind and in tears. He just left my sister alone.. as if she wasn't even there.
Next, my girlfriend told me that the store employees told them that if they did not have $250.00 worth of merchandise TOGETHER then the cops would not have to be called. Unfortunately since my sister had around $250.00 herself the police were called. Now, I have been up till around three in the morning for the past couple nights researching laws/shoplifting etc. But I have a few questions..
- During my research I came across RCW 9A.56.350 (Organized Retail Theft) which states:
Now, the store employees said that the cops will not have to be called if the value of the merchandise they had together did not exceed $250.00, seeing as my sister had about $250.00 by herself the cops had to be called. Does this mean that it is probable they will be charged with Organized Retail Theft?Commits theft of property with a value of at least two hundred fifty dollars from a mercantile establishment with an accomplice
- I also came across RCW 9A.56.050 (Theft in the third degree) which states:
As I said before both my sister and my girlfriend did not have merchandise over $250.00 but both of their values of stolen merchandise combined is exceeding $250.00 is it probable they will be charged with theft in the third degree?(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed two hundred and fifty dollars in value, or (b) includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.
-Next I looked at RCW 9A.56.040 (Theft in the second degree) which states:
Since the value of stolen merchandise between both my sister and my girlfriend exceeds $250.00 what is the probability of them being charged with theft in the second degree?(1) A person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or services which exceed(s) two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle
- Will my sister and my girlfriend be tried separately or together?
-When will my girlfriend or my sister be allowed to ask for a court appointed attorney? Also, will I be able to speak with the court appointed attorney regarding this subject?
Lastly, I was thinking of filing a complaint with the manager of the said retail store about the incident with the man in his late forties interrogating my girlfriend. However, I do not want to do anything that may cause the store to take greater action against my girlfriend. Nor, do I want to do anything that may hinder her defense in court. Should I file a complaint or not? Also, could this be considered a lawsuit?
I apologize if I used any words out of context or if I am wrong about certain points, it has been a long couple days. I don't think I can handle having both my girlfriend and my sister incarcerated at the same time.
Links to laws quoted above:
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Organized Retail Theft (RCW 9A.56.350)
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.56.350
Theft in the Third Degree (RCW 9A.56.050)
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.56.050
Theft in the Second Degree (RCW 9A.56.040)
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.56.050

