All 3 of you need to hire a criminal defense attorney ASAP to advise and represent you. The CIVIL DEMAND letter may be from Walmart seeking money damages. The summons/subpoena to appear in court is a CRIMINAL matter that carries a criminal penalty of loss of freedom, a fine, courts costs and restitution. Get legal counsel NOW!
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Generally the state may be more lenient with first-time offenders. However, you need to hire a defense attorney as soon as possible so that he or she can discuss the situation with you and present your situation to the prosecution in a bid to have the charges reduced.
Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship.
DO NOT pay Walmart unless and until you have consulted with a criminal defense attorney first. Many people fail to understand that paying a civil penalty does not satisfy criminal liability. Contact a lawyer immediately.
Requesting, receiving, or accessing general information on Avvo or other web sites does not create an attorney-client relationship. If you wish to have Paul Stanko review specific questions on which you need legal advice, you may contact him by telephone (888-778-2656), email (firstname.lastname@example.org), or you may go to his web site: http://www.paulstanko.com/. Unless Paul Stanko reviews your specific situation and takes you on as a client, no attorney-client relationship is created. Paul Stanko is licensed to practice in Indiana only.