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How can I get my daughter out of a misdemeanor larceny charge?

Laurinburg, NC |

My daughter was arrested for stealing. Her friends gave her a purse that had stolen items inside it and she walked out. She's 16 and has never been in trouble and claims she was set up by her friends. They have said they do not have her on camera putting items in the purse but she did walk out with it. How can I fight this?

Attorney Answers 6

Posted

You should consult with a criminal defense attorney as soon as possible. Misdemeanor larceny requires intent to permanently deprive, which is sounds like your daughter did not have. An attorney will be able to make the proper argument for you to get a favorable outcome.

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Posted

Hire a local criminal defense attorney to represent your daughter, that is the number one way you can help. The next thing to do is make sure she is not posting anything about this incident on social media. What she says online can and will be used against her. Best of luck to you both.

This information is for educational purposes only and is not intended to form a client/lawyer relationship. You can contact me for a limited telephone consultation or an email consultation at my website, www.sjfarberlaw.com, which is listed below. In addition to operating my own firm, I also work for North Carolina Prisoner Legal Services, Inc., a non-profit law firm which exists to protect the rights of prisoners in the custody of the state of North Carolina. If a loved one is in prison in North Carolina, advise the inmate that they may write to North Carolina Prisoner Legal Services, Inc. NCPLS will review their case at no cost and will litigate at no cost to the inmate if the case meets NCPLS' standards. NCPLS can also provide some assistance to inmates seeking to represent themselves. I am also available for cases that do not deal with inmates incarcerated in North Carolina's jails and prisons.

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Hire an experienced attorney

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Posted

Call my Hoke County office at 9108753379. We can help get you an appointment with a qualified attorney in that neighboring county.

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Posted

You could always proceed to trial. the state would have to prove she knew (or should have known) stolen property was in the purse. However, if your main goal is to ensure she keeps a clean record, there very well could be a deferred prosecution program available where your daughter would essentially be on probation for a brief period and if she doesn't get into any more trouble then the charge could be dismissed, which in NC, would open the door for an expunction down the road.

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Hire counsel.
Follow advice of counsel, including on when to step back and be the supportive parent.
Love your child and be there for her whatever the result.

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