Need some legal advice.

[The Sauce]

My stepdaughter is being accused of stealing $200 from someones purse at a party on New Years'. She was drunk and does not remember what happened that night after she passed out in a bedroom at a house party and was brought home by her boyfriend. The owner of the house claims that she stole the money. The next day the police searched her house and her car and found nothing. Today she got a notice to appear in court for trial next month. Apparently it is not the owner who is pressing charges but the DA or police...not sure. There is no evidence but the letter that she got states that they have a reliable witness. From what we know the person making the claim has ties to local PD and possibly a judge.

I am not a lawyer but this doesn't sound to me like it has any chance of going anywhere without evidence. How would you recommend that we proceed? Is there any chance of jail time here over such a petty accusation? Is it even possible to prosecute a case like this with just a witness testimony?

 

[isekii]

you should speak to an attorney. They give free consultations.. the only thing is they'll make it more serious that it really might be.

$200 bucks sounds like a misdeamor at most.

 

[bctbct]

lawyer, make no statements to anyone

 

[Agentbolt]

Originally posted by: Snatchface
My stepdaughter is being accused of stealing $200 from someones purse at a party on New Years'. She was drunk and does not remember what happened that night after she passed out in a bedroom at a house party and was brought home by her boyfriend. The owner of the house claims that she stole the money. The next day the police searched her house and her car and found nothing. Today she got a notice to appear in court for trial next month. Apparently it is not the owner who is pressing charges but the DA or police...not sure. There is no evidence but the letter that she got states that they have a reliable witness. From what we know the person making the claim has ties to local PD and possibly a judge.

I am not a lawyer but this doesn't sound to me like it has any chance of going anywhere without evidence. How would you recommend that we proceed? Is there any chance of jail time here over such a petty accusation? Is it even possible to prosecute a case like this with just a witness testimony?

There is absolutely, positively no chance of jail time. She might get probation if they convict her on what I'd assume would be a petty theft misdemeanor, but even that's really unlikely.

One witness does not a case make. Their chances of winning this would be somewhere between slim and none.

 

[1sikbITCH]

Not a lawyer but if you're asking for legal advice on the internet than what the hell.

1. How can a witness alone will be enough to convict someone of theft? If that were the case I could just point out random people and have them convicted of all sorts of things. There has to be evidence that a crime took place and than there has to be evidence that your stepdaughter committed the crime. How are they going to prove the $200 existed in the first place?

2. You don't get served a trial date without being charged with a crime. Was she arrested and charged with a crime?

3. Before they can proceed to trial they need to know how you plead. What if you plead guilty, and the only thing is left is to sentence you? They'd waste months of time and lots of money preparing to try you unnecessarily. Not happening.

Either you don't have the whole story or are not telling us the whole story. From what you say she was not arrested, not charged, and not going to trial. Maybe they want her as a witness to someone else's trial.

 

[Delta6Echo]

Originally posted by: Snatchface
My stepdaughter is being accused of stealing $200 from someones purse at a party on New Years'. She was drunk and does not remember what happened that night after she passed out in a bedroom at a house party and was brought home by her boyfriend. The owner of the house claims that she stole the money. The next day the police searched her house and her car and found nothing. Today she got a notice to appear in court for trial next month. Apparently it is not the owner who is pressing charges but the DA or police...not sure. There is no evidence but the letter that she got states that they have a reliable witness. From what we know the person making the claim has ties to local PD and possibly a judge.

I am not a lawyer but this doesn't sound to me like it has any chance of going anywhere without evidence. How would you recommend that we proceed? Is there any chance of jail time here over such a petty accusation? Is it even possible to prosecute a case like this with just a witness testimony?

Well, at least your stepdaughter is responsible....oh wait

 

[The Sauce]

Yeah, well...that's a separate issue entirely. On the other hand, I'm sure that she is not the only one who passed out drunk this New Year's Eve.

 

[MyThirdEye]

I would get a lawyer.

 

[RKS]

call the court and ask what the charges are.

go to court, plead 'not guilty', hire a lawyer if it goes further.

btw: there ain't NO reliable witnessess at a NYE party :beer: and theft usually requires some sort of 'intent' and if she was passin' out; trying to establish intent is not going to be worth the DA's time especially for $200.


BTW: OP there is 98% chance I am not licensed to practice in your state so nothing is or should be construed as legal advice. She should get legal representation from her state.

 

[Caecus Veritas]

she let the cops search her house and car without a warrant?

something doesn't sound right here... i've never heard of cops actually following up on an investigation for an unprovable $200 theft based on the circumstances you've described, let alone obtaining a search warrant.

 

[The Sauce]

Yup, I know. It is really fishy. You would think that the police in a major city would have better things to do on New Years day then hunt for a missing $200. Maybe the accuser is very well connected and out for blood. That's the only thing that I can think of.