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  1. #1
    Join Date
    Apr 2005
    Location
    Illinois
    Posts
    3

    Default Signing a Waiver in Lieu of Shoplifting Charges

    Recently my son (17) was detained for juvenile theft. He was caught taking a $5.00 bottle of cough medicine. The store said they would not have him arrested and would release him to me. When I got there they gave me a form to sign which basically said I was releasing the store from all liability and agreed not to sue them for anything that may have happened. Seeing they refused to give me any information regarding the apprehension of my son or even let me talk to him, I told them I would sign a form that said he was being "released" to me but I would not sign the form they gave me which said I released them from all liability. They said that was their store policy and seeing I refused to sign they then had him arrested. He was charged as an adult, was held and had to pay $75 to get out. I do not plan on getting an attorney but instead taking him to court myself. Does what I explained above mean anything or have any relevance in the disposition of this case? As I stated I wanted to take him home with me but definately thought it was against my best judgement to sign something releasing them from responsibility if I didn't have any information on what transpired? I never disputed the fact that he stole I just felt as if I was being "forced" into signing this agreement. Or should I just let him plead guilty and request supervision from the judge. If he completes supervision is this completely erased from his record? Thank you in advance!!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Criminal Charge

    Whether or not the store was within its rights to try to get you to sign a release, the criminal charge can proceed.

    You would be well-served by arranging for your son to meet with a criminal defense lawyer about this charge, and possible resolutions.

  3. #3
    Join Date
    Apr 2005
    Location
    Illinois
    Posts
    3

    Default

    If my son does not have the money available to hire an attorney does the court appoint one? Does he absolutely have to have one? Can he request one or is one appointed based on the seriousness of the charge?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Court Appointed Lawyer

    If the offense is sufficiently minor, there is no federal right to a court appointed lawyer. However, there may be a right under the state constitution, or the local practice may be more generous. If he wants to find out if he qualifies for a court appointed lawyer, he needs to petition the court to appoint a lawyer.

  5. #5
    Join Date
    Apr 2005
    Location
    Illinois
    Posts
    3

    Default

    One last question, is it based on HIS ability to pay or MY ability to pay? Thank you!

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Juvenile & Appointed Lawyer

    If he's charged as a juvenile, it is probably both of your ability; if he's charged as an adult, it would typically be his ability.

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