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My 13 and a half year old son was pick up in a store for…

Customer Question
My 13 and a...

My 13 and a half year old son was pick up in a store for shiplifting today and the police are going to interview him in the next few days and give him a caution in my presence. Is there anythig should do?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Victoria

Lawyer's Assistant: Has anything been filed or reported?

This afternoon in JB HIFi

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I wasn't there the police officer rang and told me.

Submitted: 6 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/1/2017
Solicitor: John Melis, Lawyer replied 6 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,126
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 6 months ago

the most important is confirm with the police if there was any evidence that shows your son actually did the theft.

there are always records kept of any incident, and it is important even if it is just a caution that any allegation is shown to be correct.

your son does have legal rights.

does this answer your important question today ?

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Customer reply replied 6 months ago
should i ask to pay a fine instead so that it isn't recorded?
Customer reply replied 6 months ago
i would prefer email chat
Solicitor: John Melis, Lawyer replied 6 months ago

no conviction will be recorded, but there is always a digital record of the cautioning in the police database.

this you cannot change unless there is insufficient evidence to prove the offence.

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Customer reply replied 6 months ago
OK i knew all of that already...anything else?
Solicitor: John Melis, Lawyer replied 6 months ago

from a legal point the aforementioned is all that can be done for now.

Does this answer your important questions today ?

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Customer reply replied 6 months ago
I believe there is sufficent evidence and he admited it ...do police have discresion not to issue a caution?
Solicitor: John Melis, Lawyer replied 6 months ago

You should not voluntarily pay the fine.

your should ask the shop keeper to prove the offence.

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Customer reply replied 6 months ago
what if my son admitted it?
Solicitor: John Melis, Lawyer replied 6 months ago

then in this case you may raise the question, he was forced to admit, due to undress by the shopkeeper on the basis that shop keeper put him into a state fear.

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Customer reply replied 6 months ago
thanks that is all for now i will get some more information from my son.
Thx
Solicitor: John Melis, Lawyer replied 6 months ago

ok.

did i answer your important questions today ?

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Customer reply replied 6 months ago
abit
bye
Solicitor: John Melis, Lawyer replied 6 months ago

If you accept the phone offer special in this post you can call me when you need. This is a special offer for this forum to speak to a solicitor un-timed to assist you as you need.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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