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Will a lawyer be able to get me out if this? please read

Miami, FL |

im 16 have good grades and have 100+ service hours already and have never been arrested. today I went to the mall with this girl and i purchased 50 dollars worth of stuff at the store and in the dressing room she placed a 30 dollar thing in my bag. we left the store and a security guy came up to us asking for the item then we both showed him our bags and of course it was in mine so we both got arrested but all they have is a video of her going into the dressing room with the item ... then they guy found it in my bag.. but technically i could have not know about it? please help im getting a good lawyer but i just want opinions of what could happen now

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Attorney answers 4

Best Answer
Posted

Any lawyer, much less a good lawyer, should be able to get you into a Pretrial Diversion/Teen Court program that would result in dismissal of the case; which is the best way for you to resolve a case with this fact pattern.

Posted

Attorney Hornsby is right. You already are doing the right thing by hiring an attorney. Your own attorney with all the facts can help you much better than any of us without all the facts. Good Luck!

The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.

Posted

Seeing as you were arresstted the best thing you can do is hire a lawyer. I'm glad that you did so and s/he should be ale to resolve this favorably for you. Good Luck!

Posted

Hire a lawyer and set the case for trial. The state is rarely able to proceed on these shoplifting cases. Most get dismissed on the day of trial. Once dismissed, you can expunge your record.

Asker

Posted

can you please explain what you mean by proceed? and if the case is dismissed wouldnt i not need to get it exponged?

Eric Matthew Matheny

Eric Matthew Matheny

Posted

By "proceed" I mean that your lawyer should enter a plea of not guilty on your behalf, demand discovery from the state attorney (written police reports, etc...) and set the case for trial. If on the day of trial the necessary witnesses do not appear in court, the case will very likely be dismissed. In my experience (former Miami-Dade prosecutor and defense attorney), a store's LPO (loss prevention officer) will rarely come to court. A case can be expunged if it is dismissed, provided you are otherwise eligible, which it seems like you are.

Asker

Posted

what if the lpo comes to court? thank you so much by the way

Eric Matthew Matheny

Eric Matthew Matheny

Posted

See if the state can proceed. Does the LPO have a sufficient recollection of the case? Has all evidence been turned over? If the state is ready and you want to resolve it without a trial, you could probably still get a diversion program which would result in the dismissal of your charges.

Asker

Posted

all the lpo knows is that the item was found in my bag. she says she saw my friend walk into the dressing room hiding the item with me

Asker

Posted

on the rep it says that she hid the item and walked into the dressing room and that i walked out with it cause it was found in my bag later

Eric Matthew Matheny

Eric Matthew Matheny

Posted

Good chance she will either not show up to court or will not remember her involvement in this case.

Asker

Posted

ok should i go for the not guilty? or try to get the program?

Eric Matthew Matheny

Eric Matthew Matheny

Posted

I do not give direct legal advice in a public forum. Should you wish to discuss the case further feel free to email me privately at eric@ericmathenylaw.com

Asker

Posted

ok thank you anyways

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