My daughter was arrested for shoplifting $47.00 and released ROR, then did not show for court. She went to court yesterday and was arrested.

Get Legal Help Today

 Secured with SHA-256 Encryption

My daughter was arrested for shoplifting $47.00 and released ROR, then did not show for court. She went to court yesterday and was arrested.

She is now in jail without bail until 7/8/09 when she will be arraigned. We moved to another county before she was arrested and she has no where to stay, except with us. No job, transportation, money, etc. If they give her probation, she will be unable to comply. She is considered mentally challenged and does not understand what is going on. Her Court appointed lawyer did not meet with us before court and I was told that today, before court, she did not request an attorney. She does not know what she is doing, so how can I help her. I don’t believe that I can even contact her now.

Asked on June 17, 2009 under Criminal Law, Florida

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your daughter's situation became considerably more serious when she failed to show up for her court date.  While the shoplifting charge was relatively minor, failure to appear is usually considered a felony.  Therefore, rather than just dealing with the shoplifting charge she may now also be charged with felony failure to appear.

At this point, you need to hire a criminal defense attorney on your daughter's behalf.  The defense attorney will be able to tell you how to get your daughter out of prison (he may be able to file a motion to modify and/or obtain bail).  At the very least, a private attorney will be able to meet with your daughter where she is being held.  If your daughter is mentally challenged, she may require special care at the correctional facility and/or a competency evaluation by the court.  Her attorney will be in the best position to determine whether either of these are necessary.

Depending on the specific charges your daughter now faces, and considering that they arise out of a very minor shoplifting charge, it is possible that her charges could be resolved at her next court date for time served, considering that she will have been held, at that point, for almost three weeks without bond.  Nevertheless, at this point it is important that you hire an attorney so that he/she can discuss all of the potential options that are available to your daughter with both you and her.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption