My 18 yo daughter was with her friend & the friend was caught stealing from a store. According to my daughter, she didn't know her friend was going to try and steal the item. The store had her sign an agreement under the CAP Student, Turning Point Justice program and she has to pay over $400 for an item less than $20. Neither of us can afford the costs but she said they told her either agree to it or they would call the police, so she agreed. From a legal standpoint, if the item was found on her friend and not on my daughter, how can my daughter be charged with shoplifting? My daughter did say that she handed the item to her friend, just to give it to her, not for her to steal it. Is that enough to charge my daughter with shoplifting?
The State needs to prove that your daughter either conspired with the other person or aided the other person in the shoplifting.
Legal requirements? They would need to show that she participated or somehow aided her friend in shoplifting the items. Suggest privately consulting with a local criminal attorney to review the situation and discuss options.
She should not have signed.
Now she has a much more difficult problem.
Regardless, her defense is only relevant if she has to go to court and fight.
If she can avoid being charged and prosecuted then $400 is a small price to pay (less than many initial consultations by 305 criminal defense lawyers).
Next time (if there is one) DO NOT SIGN ANYTHING, DO NOT ADMIT ANYTHING, DO NOT BE INTIMIDATED, SIMPLY INVOKE YOUR RIGHT TO REMAIN SILENT AND TO HAVE YOUR ATTORNEY PRESENT (caps intentional).
I hope that I have been helpful in answering your question.
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To be charged as a principal the state must prove your daughter assisted, helped, encouraged, or facilitated her friend in stealing the items. If your daughter was on video being a lookout, or assisting her friend in any way, she can be charged as a principal to theft. If the facts are as you say, hire an experienced criminal defense lawyer and try the case. If the facts are as your daughter says, a good lawyer will either get the case dropped or will stand a better than usual chance to prevail at trial.
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