Asked 1/25/2016 – Tyler, TX

My daughter got arrested for shoplifting with some friends, each of them had a basket full of stuff as they walked out coming to an amount of about $750, but I was in the same situation years ago with my sister in law and when going to court I asked my lawyer why we were being charged for the same stuff with different cases, why couldn’t I be charged for only what was in my possession. Well the D.A. agreed and all I got was a fine of $500, my sister in law went to court before me and had gotten probation and everything because she didn’t ask what I asked! But this is my daughters first offence and she’s in college but she did this in Tyler, Smith County and I hear they are harsh and I’m worry for her because she gonna have to ask for a court appointed attorney! There is also the fact that she was kept from her entire family, including me for 13 years, was very sheltered and then sent hundreds of miles from home to school with no money, no job, not knowing how to drive or given any help and all alone, I didn’t get to see her until I bailed her out for this, it’s been 13 years, so it’s not like she wanted to steal!

Answer

It is possible that your daughter be charged with the theft of the items only in her possession, but it will be pretty fact dependent where the goods were and where each of the individuals were and if they were acting in concert together, It’s called the law of parties when dealing with a group of people involved in the same incident such as this. Your daughter obviously has the right to make the request through her attorney to reduce the charges, such as you did. Make sure she avoids a final conviction in this case. A conviction for theft will haunt her for the rest of her life.