Shoplifting, Larceny, Robbery, Theft Concerned mom about my 18 yr old caught shoplifting again...

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Sparkii

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my daughter is currently 18 years of age, in college and she got caught shoplifting $65 worth of merchandise in illinios. she was arrested and put in jail. i got her out w/an $100 bail. i should also mention that she has been caught before at the age of 17 and was not arrested in indiana. she paid a civil demand, went to court and everything and the judge enrolled her into the YES program. she hasnt recieved the letter to go to that program just yet. she told me when she was being released she asked the person releasing her ( an officer ) what was going to happen because they made her sign a paper for her releasement & they gave her an automatic court date for 9/30/09. she said the person told her that since my daughter was being charged for a class A misdemeanor and that since it was way under $150, she wouldnt get any jail time, the only way she would get jail time is if she doesnt show up to her court date. my daughter asked didnt she have to pay a civil demand, and the officer said it would be discussed/detemined in court. they also told her the most she can expect is a huge fine given by the judge. is that true? even though i do know every case is different. any wise advice?
- ps: we cant afford a lawyer at this time due to financial issues, but i know they will not assign her a public deffender b/c they wouldnt last time in juvenile court b/c of my income. what to do now?
 
Civil Demand is unrelated to any court fines. Civil Demand is acivil action. The court case is her criminal trial. If she cannot afford an Attorney she should request a Public defender. Since is appears there was no criminal charge in first case she should keep quet about that. Since there was no criminal charges there will be no criminal record of event outside of store. Now when she speaks to this Public defender she should ask about Diversion as option. A conviction can hurt her in careers or scholarships so she wants to get Diversion if available. Now since she has stolen for second time in short period of time she might consider enrolling in an Anti Shoplifting course. This course will educate her to the severity of shoplifting and the huge impact it has on us all. Enrolling in such a class before court will show Judge remorse and action on her part. This is always a good thing. If your interested in such a class we can recommend one she can take at home given by NASP (National Association for Shoplifting Prevention)
 
OKAY so when she goes to court should she plea guilty then? the store didnt catch her on video nor did they take pictures of the evidence i assume. & when can she request a public defender? i am also planning on taking her to see a therapist b/c she has trouble talking about certain issues & i figured out why she did it b/c she couldnt get her feelings out & nobody has had "REAL" good talk with her to why she keeps doing this. do you think therapy w/ the added NASP class will help her?
 
NO! unless she already has a plea deal in order she pleads not guilty and request a Public defender. A new court date will be set. This gives her PD time to talk to her and DA about a plea deal. If she walks in and pleads guiulty she will be sentenced right then! Yes therapy will help as well. It shows Judge action on her part
 
She plead guilty the 1st time & was taking a chance, but was let off easy. Is it possible this will happen a 2nd time around? Also how can i show proof that she is in therapy & she is taking the shoplifting program?
 
Judges do not like it when offenders are given chances then reoffend! NASP will explain how she can show court she has completed program. The therapist can write a letter stating he is seeing her. Her best hope at not getting the book thrown at her is with NASP and her therapist and of course the Judge smiling upon her efforts
 
She is an adult. The consequences of her actions are much more serious and can carry long lasting reprecussions. Pleading guilty to the shoplifting charge is like writing the judge a blank check and saying throw the book at me. Especially in todays economic situation, people do not look kindly to thieves as they make it harder for everyone.

She should go to court (can you attend as well - even though she is an adult, she is young and does not make wise choices). She should dress impeccably. You should try and contact the Public Defender or a Private Attorney at least ten business days prior to the court date. This will give them ample time to enter their appearance and postpone the first court date so they can go over all the available options your daughter has in her defense. If this is not possible (court date is closer than ten business days) have your daughter respectfully ask the judge for a postponement to obtain counsel. All defendants are constitutionally given the right to representation so it is not unreasonable to ask for it. Keep in mind that if she shows up on the second court date without counsel, she will have most likely in the courts eyes waived her right and they will go forward that day.

It is going to take time and most likely money. On the flip side, she cannot afford to go to court without a lawyer. If a conviction is on her record it will most likely be reported to her college where she might be kicked out of. Her job options will diminish severely and she might fall back into stealing again to make ends meet.

Get her some counselling and good luck to you guys. Please keep us informed of the process and her improvement as it will help others on this site as well. If you need anything, please post or send either myself or the Admin a Private Message.
 
Now that she is an adult, they will base whether or not to put a public defender on her case by her financial income.

My suggestion is to scrape money together and get a lawyer because this case could have long lasting reprecussions.
 
Your best option is to call courthouse however since she (your daughter) is an adult the Public defender does not have to discuss anything with you
 
okay she plans on calling a few attourneys in the area to work out a payment plan.
- is jail a very good possibility for her now?
 
but would the 1st offense show up since she was a juvenile at the time? i spoke with an officer and he said it shouldnt show up since she wasnt charged the 1st time and when she was arrested for the 2nd offense ( as an adult ), they said nothing showed up on her background check. what could that possibly mean?
 
They are "only" going to look at her adult record. I would discuss everything with your attorney and they will be able to come up with the best plan to defend these charges and mitigate the chances your daughter will get jail time and or a record.

I think she will be fine as long as you are properly represented. Take a deep breath, relax and talk with an attorney. They are skilled in the court systems and can look at all the angles so that your daughter will most likely come away with an expensive learning lesson.

Two things:
#1 Tell your daughter to STOP STEALING!!!!! It will only cost her in the long run
#2 Keep us informed of this situation - it will help others who come to this site and look for answers. Everything in life is a learning lesson - what we learn varies, but your daughters situation can help others - turning her situation into a positive.
 
Enrolling in the NASP course will help educate her to the wide covering consequences of shoplifting. They reach far beyond the shoplifter and the store
 
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