DD in trouble with the law at VA Beach

[Anonymous]

I would spend her college savings (or private school tuition) on this. If you are making payments to a college fund, use that to pay back this instead. Less important to go to college right away, and more important to not have a felony on your record.

[Anonymous]

When this criminal phase ends, pay the $5,000 more to have the record expunged. (But you get to use the expungement card only one time). Ask me how I know.

[Anonymous]

That’ll be a fun disclosure for her college applications.

[Anonymous]

Does you child have any idea how big of a deal this is? Have you been overall worried about her behavior or did this come out of one shot reckless stupidity?

[Anonymous]

Anonymous wrote:When this criminal phase ends, pay the $5,000 more to have the record expunged. (But you get to use the expungement card only one time). Ask me how I know.

Can't an employer ask if you've ever had an expungement?

[Anonymous]

Anonymous wrote:

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Anonymous wrote:BTW, FELONY shoplifting? What did she boost?

A car?

Haha, no not a car. She stole some jewelry, but the amount was 201.99. Evidently, if it's over $200, it's a felony.

Wow. Is this her first time getting caught? You definitely need a lawyer. I would assume that they can get it reduced to a misdemeanor. Hopefully she's learned her lesson. You would be wise to make her work to pay off the legal fees, which will run into the many thousands.

The assigned public defender is working in DD's best interest. Should I not rely on that?

Not if you can afford a lawyer.

Holy crap. No, I would pay whatever it costs for a good criminal defense attorney.
A felony can come back to haunt her for years.

This exactly OP. Every since job application your daughter fills out in the future will ask if she's ever been convicted of a felony. She will not be able to work with children or the elderly. She won't be able to work in finance or anything where you need to be trusted. A felony is a major, major deal. If you were a manager and have a bunch of people applying for a job and you saw one with a felony conviction wouldn't you just throw it in the trash?

The money you spend on a lawyer will be well spent. You daughter's future is worth more than few thousand dollars. Hopefully is is sorry and is working on why she did it. Does she have a drug problem?

another poster here--she will have extreme difficulty getting a professional license like an RN or MD. And then she won't be hired by a hospital (who do background checks and scrutinize for these things on applications).
I don't know how long these things stay on one's record but if she wants to pursue nursing (for instance) she could be done with college by age 21/22 and a conviction now would definitely still be on her record.

Do whatever you can (pay whatever you must) to get this off her record!

+1 same for teachers

[Anonymous]

Retail? You cannot work in any retail store if you have been shoplifting

[Anonymous]

Anonymous wrote:OP: One defense to consider if push comes to shove: the VA law is based on the value of the item, not it's price; while the price of an item is presumptive evidence of its worth, it isn't determinative. If this is a store that would sell things at a mark up, there is a very good chance you can find it for sale for less money/get a valuation under $200 given how close to the limit it is. Even threatening to do that may get the DA to let you do a plea.

Also, does the store offer coupons? If they had an X% off coupon available at the time, she could have gotten the item for less than $200, arguably undercutting using price as a predicate for a felony. Just a thought.

[Anonymous]

Anonymous wrote:My DD was caught shoplifting in VA Beach and was put in detention to wait for her upcoming court date. Any advice on getting a lawyer or go with the Public Defender?
She is charged with a felony. She's 16.
Much appreciate any experience you might have with the VA legal system.

Is she coming from a broken home? Just wondering. Even if she is, she needs some severe consequences. Sorry, OP.

[Anonymous]

It is exceedingly unlikely the prosecutor will actually push for a felony here, given age, lack of record, and the value of the item. This doesn't even factor in whether there is a chance for reasonable doubt on the underlying crime itself.

SOP is to charge high and then work your way down. A PD should have no trouble getting this to a misdemeanor; I am not sure the prosecutor would even put up much of a fight.

That doesn't mean you might not still want a private attorney if you can afford it because they will be more likely explore whether there are even better possible options than pleading to a misdemeanor.

This is serious, but it is very unlikely to have some of the dire consequences discussed here.

[Anonymous]

Anonymous wrote:Why was she stealing in the first place?

What difference does it make now? The OP is trying to get her daughter out of jail and keep her from having a felony on her record. She can discuss this with her and get her some professional help, if necessary, after the matter is resolved. Kids do stupid things but it doesn't have to define her or ruin her life.

[Anonymous]

Anonymous wrote:

Anonymous wrote:When this criminal phase ends, pay the $5,000 more to have the record expunged. (But you get to use the expungement card only one time). Ask me how I know.

Can't an employer ask if you've ever had an expungement?

No.

[Anonymous]

Anonymous wrote:It is exceedingly unlikely the prosecutor will actually push for a felony here, given age, lack of record, and the value of the item. This doesn't even factor in whether there is a chance for reasonable doubt on the underlying crime itself.

SOP is to charge high and then work your way down. A PD should have no trouble getting this to a misdemeanor; I am not sure the prosecutor would even put up much of a fight.

That doesn't mean you might not still want a private attorney if you can afford it because they will be more likely explore whether there are even better possible options than pleading to a misdemeanor.

This is serious, but it is very unlikely to have some of the dire consequences discussed here.

This is terrible advice. I say this as a prosecutor.

[Anonymous]

I’m a prosecutor and to be quite honest I often give better deals to the public defenders I work with on a regular basis and I know well. Nothing p*sses me off faster than some hotshot slickster thinking he knows everything coming in and acting like God’s gift to the justice system when in reality he’s a total douchebag who’s had way less trials than 1) me and 2) any PD I know.

A public defender may not be as terrible a choice as all the people on this thread, who probably have zero experience with the criminal system, are saying.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:BTW, FELONY shoplifting? What did she boost?

A car?

Haha, no not a car. She stole some jewelry, but the amount was 201.99. Evidently, if it's over $200, it's a felony.

I find it interesting that you’re laughing and that you confirm she committed a felony.