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Punishment in WA state for giving another name after caught shoplifting
if a person were caught shoplifting and used their sisters name could the sister just prove she was at work? Would they pursue it?
Attorney answers (2)
Reputation Level 10
Answered over 3 years ago.
Criminal Defense Attorney in Seattle, WA.
This situation will potentially present significant difficulties for the working sister. The police will refer the case to the local prosecutor. If the amount of the property is over $250, it is a felony.
If the prosecutor's office decides that there is enough evidence, it will charge the sister. She will be sent a summons to appear in court for an arraignment. When any law enforcement agency pulls up her history in the future, it will show that she was charged with a crime of dishonesty. Once she is charged, she will need to hire a lawyer, apply for a public defender or represent herself. She will have to convince the prosecutor that they have in fact charged the wrong person. If the sister who actually committed the shoplift does not come forward, it will be more difficult. She will need to produce documentation and witness statments to convince the state/city that they have charged the wrong woman. If the police/state/city figure out the identity of the sister who actually committed the shoplift, she could be charged with Theft and Making a False Statement. Tim Leary http://www.shermanleary.com 1 person marked this answer as good
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Reputation Level 13
Answered over 3 years ago.
Criminal Defense Attorney in Seattle, WA.
It can depend on a number of factors. Notably, whether you would want your sister to face identity theft charges. In any event, the Prosecutor is not likely to drop the charges at arraignment. The Prosecutor will still charge you, then review any new evidence you might provide. The Prosecutor may still pursue the case, even if you bring some evidence that the person is not you. The State is free to bring the charge either way. The question then becomes, can the State prove (beyond a reasonable doubt) that it was you? "Identity" is an issue for the jury to decide.
1 person marked this answer as good
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