Petty Theft / Shoplifting Charges
#21
08-21-2008, 11:03 AM
RE: Petty Theft / Shoplifting Charges
Our Judicial system only has two courts - Magistrates, court, where anything incl murder and the like is tried, and Supreme Court, which deals with divorce, serious crimes and other legal issues. Murder used to be a supreme court only decision, but since we don't have the death penalty, and our murder rate's so high, they are often handled at Magisterial level.
I've had to deal with two juveniles who mudered a man in cold blood while invading his home.
I reserved judgement until they're 18 which will be in 3 and 4 years respectively. We have the equivalent of children's prison here to keep the law abiding people safe......from children[X(]
You don't have to be an adult to pull a trigger....
So, no Superior court, just senior magistrates, and judges. We do have an Appelate Division of the Supreme Court which handles legal interpretations, and is the final arbiter on all appeals.
Just for info, Woo.
I've had to deal with two juveniles who mudered a man in cold blood while invading his home.
I reserved judgement until they're 18 which will be in 3 and 4 years respectively. We have the equivalent of children's prison here to keep the law abiding people safe......from children[X(]
You don't have to be an adult to pull a trigger....
So, no Superior court, just senior magistrates, and judges. We do have an Appelate Division of the Supreme Court which handles legal interpretations, and is the final arbiter on all appeals.
Just for info, Woo.
#23
08-25-2008, 12:45 AM
Senior Member
RE: Petty Theft / Shoplifting Charges
ORIGINAL: DukeCBR
In my basic knowledge of law, im sure that only a judge can do that or else its illegal. Only if it was proved that it was not him or if the case was dismissed for some reason then it can be removed from his record, by stating that it was an honest mistake (video surveillance will not help at all as its solid evidence, but eye witnesses can be proven as reasonable doubt). The easiest thing to do is to admit that he had it in his possession when he was confronted by security but he had no intent of stealing it. That shows that he has responsibility for his actions and it could have been an honest misunderstanding, and the judge might dismiss the case with a slap on the wrists. He must not be big headed about it and shout "not guilty" when he has the evidence against him (even eye witnesses), that shows the law that he might have a problem with respecting authority and the judge might be hard on him.
He must be fully honest with his lawyer as well as the lawyer can argue the best angle to the judge.
In my basic knowledge of law, im sure that only a judge can do that or else its illegal. Only if it was proved that it was not him or if the case was dismissed for some reason then it can be removed from his record, by stating that it was an honest mistake (video surveillance will not help at all as its solid evidence, but eye witnesses can be proven as reasonable doubt). The easiest thing to do is to admit that he had it in his possession when he was confronted by security but he had no intent of stealing it. That shows that he has responsibility for his actions and it could have been an honest misunderstanding, and the judge might dismiss the case with a slap on the wrists. He must not be big headed about it and shout "not guilty" when he has the evidence against him (even eye witnesses), that shows the law that he might have a problem with respecting authority and the judge might be hard on him.
He must be fully honest with his lawyer as well as the lawyer can argue the best angle to the judge.
my step dads xwife is psycho and shes had him arrested and taken to court 13 times for battery chargesthat shes made up, then she goes to the first date, postpones it, then sets another date then dismisses it.
and they wont let him get them off his record so when he tries to get jobs they see his been charged with battery, and dismissed, but it still makes them wonder and hesitate to hire him
#24
08-25-2008, 02:31 AM
RE: Petty Theft / Shoplifting Charges
Sounds like your Dad would have a case for bringing charges of harassment and malicious mischief against the X, particularly if he can prove he was elsewhere at the time of the allegation. Visiting his X just gives her ammunition - seen this before - a friend had a burglary, and his X called his insurers and alleged it was an inside job - he was arrested and held overnight, after fraud charges were brought by the insurance co. He's currently sueing the insurers, as he was exonerated on all charges, and his X for malicious mischief, but it's fouled up his life.
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