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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26776
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son who is 18 was arrested at Walmart yesterday

Customer Question

my son who is 18 was arrested at Walmart yesterday for shoplifting apple charging cords and a charger -they fingerprinted him and the polica office told him a citation would follow inn the mail. We are leaving on Tuesday for an overseas vacation and he will return on July 31st. The police officer said he would talk with him this Sunday and provide a citation; Walmart issued a note saying he should call them in 3-4 weeks. Is it advisable to travel at this juncture after informing the local police and court and also Walmart? What else does one need to watch out for?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
This is a summary offense, which means it has no real priority in the system. In other words, there's going to be no particular rush to get him a court date. You may find if you cancel your trip that he won't have to appear until after July 31 anyway.
Your son has no obligation to talk to either the police or Walmart. He's a criminal defendant and has a Constitutional right to remain silent. He has the right to travel. Neither the police nor Walmart will determine when your son will have to appear in court. That's an administrative matter determined by the DA's office in conjunction with the court and dependent on the caseflow and the judge's calendar.
Consider retaining a lawyer who can change your son's court date if you don't receive a date before Tuesday or if you do but it is scheduled before the 31st of July. That way you can keep your plans. You would want him to have a lawyer for this case anyway. If you put off your trip til after he appears, you're likely to find that he will have court obligations which will keep him from getting away the rest of the summer.