How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Shaie Zindel Your Own Question

Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1208
Experience:  All areas of commercial and contract Law - specialist in property advice.
67955801
Type Your South Africa Law Question Here...
Shaie Zindel is online now
A new question is answered every 9 seconds

Hi, My 19 year old son was arressed today after being charged

Resolved Question:

Hi,

My 19 year old son was arressed today after being charged with theft. My son has told me that he was given R400 worth of goods ( growth supplements) from a shop in June. He took the goods and with the intention of making payment at a later stage. However he did not make payment but made on-going promises to the owner which were never kept. At one point he told the owner he had transferred money into her account but this was a lie. The owner of the shop became very annoyed and laid a charge of theft. She has still not been paid.
My son was released on bail today but has to appear in court on Tuesday to face a charge of theft .

I have 4 questions :

1. Does this scenario as described above constitute theft?
2. How do we best defend this?
3. Should I get a criminal lawyer to accompany us to court?
4. Is it legally wise to try and persuade the shop owner to drop charges ?

Thanks.
Mr Chetty
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Shaie Zindel replied 1 year ago.
Hi Mr Chetty - this sounds like a pathetic waste of time and an attempt by the Shop owner to abuse the State and its power to do the debt collecting for the Shop. Your son must go see the prosecutor (preferably with a lawyer) who should argue that this is a simple civil case of breach of contract and that the shop owner is totally abusing the law. If the shop owner believes your son owes the money they must simply issue a summons and let the case be heard in a regular Court - this attempt to short circuit the civil laws is simply an abuse. I don't think this is a case of theft because the shop owner voluntarily let your son take the goods without paying for them - in law it becomes a credit transaction. Maybe go with and offer to pay the R400 if they are prepared to call it a day. I would suggest you get a lawyer to assist as this will make the process a lot simpler and quicker - just use someone reputable. I hope this helps and wish you luck. Please remember to rate my service so - Regards
Customer: replied 1 year ago.

Hi,


 


Thank you.


 


1.Should I approach the shop owner before the court on Tuesday and offer to pay? Or should I instead wait for the court appearance.


 


2. I agree with your opinion that the case is pathetic however why did the police respond by electing to arrest him?


 

Expert:  Shaie Zindel replied 1 year ago.
I would maybe try get someone to speak to the shop owner but not you or your son as it may look like interference. Unfortunately many police will do this kind of thing for payment of a little money it's really all just a corrupt system.
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1208
Experience: All areas of commercial and contract Law - specialist in property advice.
Shaie Zindel and other South Africa Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
< Last | Next >
  • http://ww2.justanswer.com/uploads/tumi65/2009-12-28_9197_BABA_I_FRIENDS_013.jpg PHINEAS MOTAUNG's Avatar

    PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
  • http://ww2.justanswer.com/uploads/emil102/2010-05-04_160842_IMG000806.jpg Emil's Avatar

    Emil

    Attorney

    Satisfied Customers:

    33
    BCom Law LLB, 3 years post article experience as attorney
  • http://ww2.justanswer.com/uploads/Lurine/2010-10-04_101308_LCP.jpg LCP's Avatar

    LCP

    Attorney

    Satisfied Customers:

    21
    BCom (Stell) LLB LLM
  • http://ww2.justanswer.com/uploads/KimGAtt/2009-11-04_164526_Profile.JPG K. Groenewald's Avatar

    K. Groenewald

    Attorney

    Satisfied Customers:

    19
    LLB (Pret). Extensive litigation experience in general civil & family law matters. Debt Counsellor.
  • http://ww2.justanswer.com/uploads/SA/SATOPLAW/2013-9-13_13566_IMG20130304WA000.64x64.jpg Shaie Zindel's Avatar

    Shaie Zindel

    Attorney

    Satisfied Customers:

    1052
    All areas of commercial and contract Law - specialist in property advice.
  • http://ww2.justanswer.com/uploads/IN/inciteadvisor/2013-9-5_193316_incitead.64x64.jpg inciteadvisor's Avatar

    inciteadvisor

    Commercial Lawyer

    Satisfied Customers:

    814
    B.Com LLB Registered Corporate lawywer
  • http://ww2.justanswer.com/uploads/AN/AntonSmith13/2013-2-21_17147_Snapshot.64x64.png AntonSmith13's Avatar

    AntonSmith13

    Attorney

    Satisfied Customers:

    45
    LLB, LLM, Cert. International Law Attorney with 12 years experience