me and my friend were at the mall and got caught shop lifting a 20 dollar bra and they are having us pay 10 times the amount each, but one of us was the one who actually did it and the other was just there, so when they took us into custody they had us sign papers with out telling us what they were and our parents werent there yet, and when we went to read the papers they told us 'are you deaf we said sign them.', isnt that against the law to have minors sign legal statements with out parents?? and do you think we need a lawyer for this because they said we didnt, we would just have to fess up to what we did and do what the judge says. Plus is there a way to get this wiped off of our records so that we can get scholarships for college still or will they not except us??
2007-05-27
08:47:58
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10 answers
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asked by
fee
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in
Politics & Government
➔ Law Enforcement & Police
im not exactly sure what a jusridiction is.
it was for shoplifting- a misdomeaner.
me and my friend are both in 9th grade we are 14- turning 15 within 2 months. JC Pennies took us into custody and because we had no other past charges we were released to our parents. The JC Pennies security had us sign the papers- and would not give us time to read them. The JC Pennies security people told us we would not need lawyers, but the policeman said that if we want it off our records before we turn 18 we better get a lawyer.
we were told to call our parents post signing the papers. they would not let us call them before we signed the papers. the court hasnt called us and the police wouldnt give us a case number or a number to call them, they just said that the court will be intouch no later than tuesday, we still have not recieved a call so im not sure on which court or judge yet.
2007-05-29
10:04:10 ·
update #1
No one here can answer your questions with any certainty because you have not provided the following informattion.
1. In what jusridiction did this take place?
2. Are you and your friends minors?
3. Who took you into custody?
4. Who required you to sign these papers.
5. Who said you didn't need a lawyer?
6. When were your parents informed?
7. What judge? What court?
Try writing this again with proper chronology and the same level of clarity that would be required on a school paper. I assume that if you are really college bound with scholarship aid that you are capable of this.
2007-05-27 09:56:26
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answer #1
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answered by nightserf 5
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From the facts in your post you were apprehended by Loss Prevention in the store. Correct?
If so, then there are only two things available to you.
1. Call an attorney, inform them you signed admission of guilt and see what your chances are of overturning the signed declaration AND the civil recovery fine, or;
2. pay the civil recovery (allowable in all 50 states by staute) and do not steal anymore.
Having a minor sign anything is in no way illegal. A minor can sign a contract, agreement or an autograph (think about the legal contract you sign that is called your Driver's License). What a minor may do however, that adults cannot, is rescind a contract.
If you wish to do that, Loss prevention will simply have you charged with theft, sue your parents for Civil Recovery and you will have a record wth which you will be explaining to every College Admissions officer.
Another false impression you have is that Loss Prevention OR the police have to call your parents and have them present before they are allowed to question you. That is an urban myth. Just as 'reading your rights" before questioning.
If I am wrong and this was not loss prevention but the police, then you definately need to speak with a local attorney. however, that won't change the fact that you still can be sued for civil recovery and that you will have a record. What it might do for you however, is keep the conviction off your record.
By the way, I have defended many people in my life, but I don't defend thieves.
2007-05-27 17:20:26
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answer #2
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answered by hexeliebe 6
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Ok, first off can you say what state because you do have a chance at beating this. In California if you have to exit the store in order to get arrested. So if you weren't outside when the security guard detained you you have a good chance out of this. Just say you forgot to pay for it. The papers you signed were probably recompensation papers that the stores give you in order to cough up some money. They will send you a letter later on and its your decision to pay for it or not. Actually you shouldn't have signed anything and requested your parents there because what you signed were probably also the waiver of your rights which means they can interrogate you. It is against the law what they did if they forced you to sign them and should contact an attorney. Don't confess and don't say anything to the cops EVER because they just want to screw you over. There is a way to wipe this off your records too. Normally the records will expunged and sealed after its dismissed or you have complied with what the judge ordered you to do. But talk to an attorney because the cops forcing you to sign is against the law and you probably have a good case here.
2007-05-27 16:04:51
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answer #3
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answered by NONAME 4
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it depends on your state's laws and your age. Usually if you are at least 11 then no, your parents dont have to consent to you signing a document.
having a lawyer is your choice, but if you were caught shoplifting then you arent going to get out of the consequences.... the cameras dont lie... the only thing the police cannot do without your parents consent is interrogate you.... when they take you to the police station for questioning.
some colleges will still accept you, but I doubt you will be awarded a scholarship. one way to try and turn yourself around from this is to start volunteering and getting involved in your community to show that you have learned that your past behavior is not acceptable.
and to address your question about whether you should both be charged if only one of you was actually stealing... yes..... if you are doing nothing to stop a crime then you are just as guilty as the one committing the offense.
2007-05-27 17:50:20
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answer #4
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answered by Stevie 7
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1. no it is not against the law, it is stupid of you to do it, but they can trick you into signing if they want, remember it is you who are the criminal not them.
2. of course the police or the store will say you don't need an attorney, but of course if you are caught red handed, not much an attorney can do, but you always have the legal right to an attorney.
First getting you to pay 20 times or some larger amount is normal and should be expected if you get caught. Remember you caused it by stealing something.
next no on forced you to sign, you signed because you were scared
And you should do at this point what your parents tell you, talk to them, and do what they say.
2007-05-27 16:52:57
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answer #5
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answered by Anonymous
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Your parents should have been present for you to have signed anything. I would get an attorney for the civil rights part, and that might in turn get you out of the shoplifting charge if the lawyer is good enough. As for the college part, it is typical that only those convicted of drug charges are excluded from financial aid eligibility.
2007-05-27 15:57:17
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answer #6
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answered by Anonymous
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If you mean "can you be forced, coerced, or pressured into signing papers against your will?" Then the answer is NO !
No one, including both adults and minors, can be forced to sign anything, no matter what it is. This is a fundamental violation of your rights and the US SUPREME court upholds this stance. A "forced" or coerced signature has "NO" legal value, ab innitio !
It sounds like the pigs used coercive/threatening measures to violate your rights.
Did the pigs touch their guns while threatening you ? If so they can be charged with a crime. Threatening imminent death will get them nowhere they want to go.
It might be in your best interests, and your community/countries' to get a civil rights attorney involved.
Maybe you did commit a crime, BUT do 25 wrongs make a right ? That is like comparing j-walking to murder!
2007-05-27 19:25:29
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answer #7
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answered by dean g 3
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ur you should have ask for your parents or a attorney presents. Hire an attorney for an expungment order for minor shoplifting and wipe it off your records before getting a job or entering a college.
2007-05-27 16:54:57
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answer #8
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answered by kikaida42 3
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Yes, it is illegal to do anything without the consent of your parents except arrest you!
They certainly have no right to demand that you sign a paper that for all practical purposes will be thrown out, other than to scare you!
Juvenile offenses do not go on your records and they are sealed!
2007-05-27 15:56:31
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answer #9
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answered by cantcu 7
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its proof you were there
so they can't just blame any ol' body.
it will be off your record when you turn 18
PROVIDED you do not get arrested for ANYTHING ELSE!
I hope you feel miserable and scared.
you either did it or you were the "look out" guy
I hope your family gets over their shame soon
and you blow the "snot" out of your immaturity and don't touch it if it's not yours.
2007-05-27 16:03:58
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answer #10
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answered by to tell ya the truth........... 6
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