My daughter was arrested for shoplifting $47.00 and released ROR, then did not show for court. She went to court yesterday and was arrested.
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My daughter was arrested for shoplifting $47.00 and released ROR, then did not show for court. She went to court yesterday and was arrested.
She is now in jail without bail until 7/8/09 when she will be arraigned. We moved to another county before she was arrested and she has no where to stay, except with us. No job, transportation, money, etc. If they give her probation, she will be unable to comply. She is considered mentally challenged and does not understand what is going on. Her Court appointed lawyer did not meet with us before court and I was told that today, before court, she did not request an attorney. She does not know what she is doing, so how can I help her. I don’t believe that I can even contact her now.
Asked on June 17, 2009 under Criminal Law, Florida
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Your daughter's situation became considerably more serious when she failed to show up for her court date. While the shoplifting charge was relatively minor, failure to appear is usually considered a felony. Therefore, rather than just dealing with the shoplifting charge she may now also be charged with felony failure to appear.
At this point, you need to hire a criminal defense attorney on your daughter's behalf. The defense attorney will be able to tell you how to get your daughter out of prison (he may be able to file a motion to modify and/or obtain bail). At the very least, a private attorney will be able to meet with your daughter where she is being held. If your daughter is mentally challenged, she may require special care at the correctional facility and/or a competency evaluation by the court. Her attorney will be in the best position to determine whether either of these are necessary.
Depending on the specific charges your daughter now faces, and considering that they arise out of a very minor shoplifting charge, it is possible that her charges could be resolved at her next court date for time served, considering that she will have been held, at that point, for almost three weeks without bond. Nevertheless, at this point it is important that you hire an attorney so that he/she can discuss all of the potential options that are available to your daughter with both you and her.
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