Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My daughter-in-law went to 's club and took a person that

Customer Question
My daughter-in-law went to Sam's...
My daughter-in-law went to Sam's club and took a person that she thought was her friend(older woman), in with her and the woman stole items without her realizing it, and because it was under her membership she is now serving a 60 day house arrest sentence, 40 hours of community service plus fines and restitution paid. They did not go after the said friend at all. The problem also is that she was blind sided by this whole thing when she was stopped for speeding and taken straight to jail...she never received a citation at all and was never contacted about having to appear in court for the charge...in fact she was in the store many times after said crime and even upped her membership to a higher level and they said nothing to her at the time.. we feel that her attorney railroaded her into agreeing to a plea instead of fighting for her. She did not do the crime. She was never stopped outside the store with the merchandise...she doesn't have the merchandise! He told her that the surveillance footage showed probable cause but told her that it would be less money to just plea no contest and let him make a deal with them for the punishment because they wanted to give her 160 days in jail...what the heck! she didn't steal any thing? Why was she never issued a citation. Why did she never receive a notification to appear in court? Why did they let her up her membership? The crime was according to the docket 11/4/2015 and said citation was issued?? arrest warrant issued on 12/4/2015 and then according to the docket she failed to appear in court on 1/29/2016. She didn't appear because she had no idea anything was going on! She went an renewed her drivers license the beginning of March and they said nothing about the warrant then?? shouldn't it have shown up then? I really feel like Sam's club should have stopped them at the door or at the register...isn't that why they check your receipt to your cart items before you leave? She doesn't have the stolen merchandise! Why did she have to plea no contest when she did not do the crime. Her attorney said if she didn't take the plea then they would go back and look for more surveillance of her in the store with said (friend) and the charges would be higher. She was scarred and we feel like the attorney played on that. Of course he reminder her that his fee was of course x amount an hour. Now she just sits and cries, she cannot leave the house except to go to work and back. She has this huge 5lb weight attached to her leg. This is all just a bad dream. Is there anything that can be done to help us out?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 22 minutes by:
6/24/2016
Lawyer: Barrister, Attorney replied 1 year ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,674
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

I used to be a Public Defender long ago and it would often happen this way.....someone who was genuinely innocent would just plead guilty to a small charge to get out of jail or to get the case over so they can put it behind them and get on with their lives.

.

With that said, I am not paying the devil's advocate here, but if you weren't with the attorney throughout this, you really don't know what the evidence was against her. You know whatever she has told you, and that may or may not contain all the facts of the situation. They could have had video surveillance that shows something being concealed by both of them and then they don't have the specific footage of them leaving the store. They found out the item was missing, reviewed the security footage, saw them, and then got the police involved. That would explain the probable cause comment you were told. Whose membership it is is irrelevant, it would be the security footage that would indicate who was involved in the theft. So they might have identified her through her membership photo, but that has nothing to do with who was charged for the offense.

.

But in the end, it was daughter's decision about whether to plead no contest, which is a plea that says "I am not saying I did it, but I realize that a jury could see the evidence and find me guilty". She could have adamantly refused to plead to anything and take it on to trial. She could have been acquitted or she could have been found guilty and received an actual jail sentence of a year if it was a misdemeanor, or longer, depending on the value of the missing items.

.

So in the big picture getting home incarceration is the next step up from being just put on probation.

.

But to answer your question about whether anything can be done now, if she has already been serving the sentence, then her only recourse would be to file for a writ of habeas corpus which is her asking to be released for a wrongful conviction. But she would need an attorney, and they are expensive, and she pled in open court with the judge asking her if she understood her situation and whether she was pleading "intelligently, knowingly, and voluntarily" and she would have answered "Yes". So this makes it kind of unlikely that the judge would grant the motion since she would have acknowledged that she understood and accepted the consequences.

.

With all that said, if this is her first criminal offense ever, she may be eligible to have the offense sealed after it is all over which means that it wouldn't appear in the public record and would only be visible to law enforcement.

.

.

thanks

Barrister

Ask Your Own Legal Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,674
38,674 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a question about federal restitution and how they
Hello I have a question about federal restitution and how long they will seek it? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I had a misdemeanor domestic dispute with my daughter in
i had a misdemeanor domestic dispute with my daughter in 2013 in texas. It was plead down to disorderly conduct. I was never informed about not being able to purchase a firearm and was denied shortly after that when I tried to buy a firearm. Will I ever be able to purchase a firearm again. I am seeing some things that say five years to be able to buy. Can you tell me anything? … read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
I've been paying fed restitution for 8 yrs on 1. Minn.
I've been paying fed restitution for 8 yrs on 1 JA: What state are you in? It matters because laws vary by location. Customer: Minn. JA: Has anything been filed or reported? Customer: Reported or file… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was behind 4 months of restitution and my payments, 2 of
I was behind 4 months of restitution and my payments, 2 of them, crossed in the mail with a packet from FLU. Does it sound like garnishment is coming? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
I was granted a public defender and I was supposed to call
Hi I was granted a public defender and I was supposed to call after 1pm today to get in contact with who my attorney would be for my hearing tomorrow. I had called too late and they're closed now. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
HUD eviction... wrongfully granted restitution and adopted
HUD eviction... wrongfully granted restitution and adopted magistrates decision before filing of motion for facts and law... newly discovered fictitious business name not filed with SOS and organizati… read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
I am paying a civil judgment and criminal restitution to the
I am paying a civil judgment and criminal restitution to the same "victim". Do courts in TX typically require double payment to the same victim from the same debtor/criminal? … read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
Current I have restitution in the amount of $880,000 +
Current I have restitution in the amount of $880,000 + interest. So now the balance is well over $1.2M. I have been paying $1,100 a month for 9 years and never missed a payment. I know the restitution… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
More of a general law question. OH. Public Defender. It's
more of a general law question JA: In what state did this occur? Customer: OH JA: Have you talked to a lawyer yet? Customer: Public Defender JA: Anything else you want the lawyer to know before I conn… read more
Bill Attorney
Bill Attorney
law
1,415 satisfied customers
My son is in post conction with a public defender and wants
my son is in post conction with a public defender and wants to know if there would be any lawyers out there that would take his place probono as his faith with the lasted one really didnt seem to want… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I'm concerned that my public defender hasn't requested
I'm concerned that my public defender hasn't requested exculpatory evidence properly … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
My son reseceives a restitution check from a defendant in a
My son reseceives a restitution check from a defendant in a dwi wreck and my son maybe sent to a safp program or posdiblly prison now how do we get power of attorney to process his restitution checks … read more
Barrister
Barrister
Attorney
38,674 satisfied customers
I need a public defender to help me with a law suit for not
I need a public defender to help me with a law suit for not paying my credit cards since I lose my last job back home and came down to Jacksonville to study and of course I finished my course of study… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
Is there a way to go back to court and get my restitution
Is there a way to go back to court and get my restitution reduced ? I was incarcerated for 7 years and I was unable to pay but now I am out and want to pay but the interest alone is about 2600.00 ....… read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
I am on probation and I have a 30K restitution to pay. I am
I am on probation and I have a 30K restitution to pay. I am struggling with the monthly payments. I am longer able to work in my career field because of my crime. I also have a perfect record with pro… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can i get a public defender for public defender in a
can i get a public defender for public defender in a dissolution case if you are the respondent… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I have a warrant for violating probation for a misdemeanor
I have a warrant for violating probation for a misdemeanor assault, but i left the state … read more
Bill Attorney
Bill Attorney
law
1,415 satisfied customers
I just finished probation but I have restitution for the
I just finished probation but I have restitution for the next 20 years. My question is, can I own my own business under my name as long as I pay the 10% that is required of me? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x