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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27747
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Second opinion] My daughter was caught shoplifting are you

Customer Question

Second opinion] Hello
JA: Hi. How can I help?
Customer: My daughter was caught shoplifting are you able to answer questions regarding this?
JA: Has the business pressed charges? What was the value of the items?
Customer: $500 they said they were letting my daughter go. She signed a paper and they took her Pic. No police were called.
JA: In what state did this occur?
Customer: California
JA: Anything else you want the lawyer to know before I connect you?
Customer: She's 20, no criminal history. I would like to know the likelihood she will get charged down the line?
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey_ JD replied 2 months ago.

Although people are frequently arrested at the time of a criminal incident, the state is not required to file charges right away. They have until the statute of limitations expires to bring the matter to court. In California, on a misdemeanor charge, the state has 1 year from the incident to file the criminal case before it's considered too old to be filed.

It looks as if the store is going to proceed against her according to civil law, which means that she will receive a letter from the store or its lawyers offering a civil settlement. That is, she'll be expected to pay a fine. Generally, if the shoplifter pays the fine, the store will then go no further. But they can still notify the police and get the case dropped until the year runs out. So the best chance she will have of keeping this matter out of criminal court and this incident off of her criminal history is by paying the civil fine once she gets it.

The likelihood that she'll still be charged if she pays the fine is very low.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.