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  1. #1
    Join Date
    Sep 2009
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    2

    Default How Can She Be Charged

    My question involves criminal law for the state of: Virginia

    My 16 yr.old daughter has been charged with shoplifting from Dillards dept. store. This is how the story goes: she and a friend walk out of the store and are approached by a man who asks them to go back with him. He never identifies who he is. They follow him to the back room. A woman, who also does not identify herself, asks if they have anything. My daughter sais "I have this shirt" and pulls out a shirt from her bag. The other girl sais "I have nothing" The woman responds:"Where is the black shirt that you took?" and she sais "I put it back". The woman asks the girl to show her where she put it and they walk off together. Nothing is said to my daughter. Her friend and the woman come back and the friend takes the black shirt out of her bag. The woman calls the police and they come. Still, nothing is said to my daughter. The police get her information, call me and I come to get her and we leave. Today, Dillards filed shoplifting charges against my daughter. She is on probation currently for an assault charge against me. She didn't really "assault" me, but it was a way for me to get her to straighten up. She spent 10 days of a 30 day sentance in juvie. So, with this new charge she is facing the other 20 days plus time for violating probation plus shoplifting charges. The thing is...they never accused my daughter of stealing. She produced the shirt because they asked if she had anything. They had/have no idea if she stole the shirt or not. I went to the store the next day and asked if they had her on camera. They said no because she went into the dressing room with her friend. So, essentially, again, they have no proof that she took anything. It is my understanding that they need to see her actually take something and know exactly what it was that she took. My daughter is facing heavy consequences if she is found guilty in any way. Help!!

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
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    1,410

    Default Re: How Can She Be Charged

    Quote Quoting jsbandb36
    View Post
    My question involves criminal law for the state of: Virginia

    My 16 yr.old daughter has been charged with shoplifting from Dillards dept. store. This is how the story goes: she and a friend walk out of the store and are approached by a man who asks them to go back with him. He never identifies who he is. They follow him to the back room. A woman, who also does not identify herself, asks if they have anything. My daughter sais "I have this shirt" and pulls out a shirt from her bag. The other girl sais "I have nothing" The woman responds:"Where is the black shirt that you took?" and she sais "I put it back". The woman asks the girl to show her where she put it and they walk off together. Nothing is said to my daughter. Her friend and the woman come back and the friend takes the black shirt out of her bag. The woman calls the police and they come. Still, nothing is said to my daughter. The police get her information, call me and I come to get her and we leave. Today, Dillards filed shoplifting charges against my daughter. She is on probation currently for an assault charge against me. She didn't really "assault" me, but it was a way for me to get her to straighten up. She spent 10 days of a 30 day sentance in juvie. So, with this new charge she is facing the other 20 days plus time for violating probation plus shoplifting charges. The thing is...they never accused my daughter of stealing. She produced the shirt because they asked if she had anything. They had/have no idea if she stole the shirt or not. I went to the store the next day and asked if they had her on camera. They said no because she went into the dressing room with her friend. So, essentially, again, they have no proof that she took anything. It is my understanding that they need to see her actually take something and know exactly what it was that she took. My daughter is facing heavy consequences if she is found guilty in any way. Help!!
    Your daughter gave them the stolen merchandise...what do you mean no proof??? are you kidding me

    Get her an attorney. She will need one.

    eta... you need to stop covering for your little girl. You've clearly got a felon in the making. Nip it in the bud now, or you'll lose her for sure.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: How Can She Be Charged

    She admitted to theft. She showed them the merchandise. That is all that is necessary.

    Unlike your daughter's father, they actually have proof she broke the law.

    I guess you are upset because only YOU should be able to file charges against your daughter?

    I am confused here. You were playing a legal game to teach your daughter a lesson? What, exactly, was the lesson you were going for?

    Was this it?

  4. #4
    Join Date
    Sep 2009
    Posts
    2

    Default Re: How Can She Be Charged

    "Unlike your daughter's father, they actually have proof she broke the law".....

    ah yeah....not quite following that one.

    As for the shirt....when you read the post did you ever see where I acknowledged that she took the shirt? No. Why? Because when they asked her if she had anything she took the shirt out of her bag.....the one that had already been purchased at a different store days before. She had nothing. She took nothing. She had the shirt in her bag because she was spending the night at her friends house. She also had another shirt in her bag....but for some reason they decided that only one of the shirts was stolen. Neither shirt had a tag on it, obviously.

    As for the previous charges? My daughter was in an abusive relationship the produced an angry, aggressive child. Between the ages of 15-16 she began acting out the anger she felt from her relationship in ways that were leading to progressively more violent behaviours. She began dabbling in drugs and was out of control. And yes, we forbid the relationship, although she hid the realities from us for a long time. As most parents know, forbidding a relationship only leads to pursuing the forbidden even harder. He had her so twisted that she believed it was her fault and that she didn't have to listen to anybody but him, as most in abusive relationships are made to feel. So, to put a stop to her behaviour and this relationship once and for all I pressed charges to get her to see how destructive she was being. I never in a million years thought that it would be as harsh as it was. I figured court ordered counceling, drug counceling and community service. Never juvie. Do not judge my actions, I do that enough on my own.

    Regardless, she is now in the system and basically every move she makes is held under the cloud that she will be put back in juvie. The poor kid is a mess at this thought. My question, without giving out all the info. was wether she can be charged with theft when in fact she stole nothing. I'm assuming it's going to be a he/said she said thing. Nobody saw her steal anything, and that, by law, is a requirement before you can accuse anyone of stealing. So, thanks for the sarcasm....it's allright, I can take it. She never admitted to theft. Never. A real answer would be appreciated, but is obviously not going to be given. Right on.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: How Can She Be Charged

    And it just so happens that the exact same shirt is sold at the store where she was accompanying her friend while her friend stole a different shirt? (It didn't bother her that her friend was stealing?) Let me guess... she has also lost the receipt from her prior purchase?

    If you wish, hire a lawyer for her, let her take it to trial, and see if a jury believes it.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: How Can She Be Charged

    She didn't really "assault" me, but it was a way for me to get her to straighten up.
    Most parents do not decide to give their children a criminal record on a false charge to teach them a lesson.

    Now, you found out that it wasn't all fun and games because your daughter is going to be treated like the criminal you told the police she was.

    Further, she was in the presence of a thief during a theft. She knew what was happening and didn't stop it. That makes her equally guilty.

    Have her produce the receipt for the shirt in question in court.

  7. #7
    Join Date
    Oct 2006
    Location
    UTAH
    Posts
    178

    Default Re: How Can She Be Charged

    If what you say is true and she bought the shirt then produce the receipt. This is why we know she stole it, "two people who never said they are loss prevention ask your daughter if she has something. She pulls out a shirt they sale.." Sorry but that is case closed you dont just go around listening to strangers and pull out a shirt that you bought and are going to sleep in. Plus no where did you say she told them it was her shirt she bought. She knew she was caught.

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