my 18 year old has to go for processing for shoplifting first offense. what could happen to her. she turned 18 on 7/1, this happened on 7/4. plez help
Question Details: my daughter and a friend of hers with to a store on the 4th. My daughter was sitting on the floor trying on shoes next to her firend. Instead of her friend trying on shoes she was putting the shoes in a toe bag, next to my daughter. the only thing that i see is that my child did wrong was not make her friend take the shoes out of tote bag. Her friend is just 16, what would happen to the friend
Tenn. does have a first time offender program and a merchant restitution program (pay to get out of trouble). I agree with other atty, your daughter's bigest problem is "were judged by the people we keep company with."
Claiborne
Although I do not practice law in the State of Tennessee, here are my initial impressions. First, if your daughter knew that she had stolen goods in her bag, and she carried or attempted to carry those goods out of the store, then she can be arrested and prosecuted for shoplifting. If, on the other hand, your daughter had no knowledge that there were stolen goods in her bag, this might present a potential defense. However, you would probably need her friend to sign a sworn statement alleging that your daughter had no knowledge whatsoever of the shoplifting. In any event, you should consult with an attorney to see if this is a valid defense in this situation and to further discuss the best way to contact your daughter's friend to obtain a statement if the attorney deems it to be appropriate.
Second, you should be aware that if the case is not defensible from a factual perspective, most states have diversionary programs available to first time offenders, which, upon successful completion, result in the dismissal of the charges. Thus, when you consult with the attorney you should discuss whether a diversionary program is an option in this instance. The attorney will be able to advise you with respect to the diversionary program's application and completion process.
