Last week my friend was falsely accused of shoplifting a couple of $ worth of pen in local CVS. The CVS employee stopped my friend while she was in the shop and told her to show her pocket and bag. My friend showed her pocket/bag to him. My friend was frustrated and called 911 from the store. After police arrived, they told her that she will hear from the court for the crime related to shoplifting with concealment.

Yesterday she got a letter from local district court with a date to appear for a clerk magistrate hearing. She is from Mass. She is innocent but should she hire a lawyer. If yes, can you guys recommend one?

America is a dangerous place for Nepali people who are taught in their family that stealing is something that smart people do.

Lazyketa you didn't told full story, did you ?? Your friend open bag and show it to guy then what happen? Did they found a stolen pen in her bag ? If no then why police was involved? Afai le chai kina police bolako?

They asked her to show her pocket, she did so, she got frustrated and called 911??
It seems like you are hanging out with some white trash. That's what they do, they commit crime and they're the ones who call 911. Or if not, u must be pretty badly drunk coz we're not getting the whole picture outta what you're describing.
Long story short, she must serve the jail time if she has done it. It's not Nepal that you bribe authority and get away with it, if that's the kind of suggestion you are asking for then that would be my answer.
Forget about hiring lawyer, they don't just accuse someone of stealing. Your saying that she's innocent is worthless coz they've monitoring cams all over and there are some guys siting on the chair all day just to watch over who's stealing what. So, flush that old 's/he's innocent' thing and let her serve the jail time.

@everyone. Thank you for suggestions.

She was alone while shopping. She showed both her pocket and bag, nothing came up. At that time she should have called for manager but she dialed 911. It would be much better if the court asks for the surveillance proof but the magistrate hearing states that it would also count the "hearsays". If the court would ask for the video evidence then she would surely get the justice as she did not do it.

I am not asking for bribing or any false help but am seriously seeking for an attorney's help because her english (speaking) is not that good. On top of that nepali ladies are emotional so i fear she may not be able present her side of story appropriately

U said she is in Massachusetts , Law says this
where the retail value of the goods obtained is less than one hundred dollars, shall be punished for a first offense by a fine not to exceed two hundred and fifty dollars, for a second offense by a fine of not less than one hundred nor more than five hundred dollars and for a third or subsequent offense by a fine of not more than five hundred dollars or imprisonment in a jail for not more than two years, or by both such fine and imprisonment. Where the retail value of the goods obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
Source : https://malegislature.gov/laws/generallaws/partiv/titlei/chapter266/section30a
As you said its her first time ( either done or not ) they will fine her some money but record is big issue here. Hire a lawyer. Havent you seen in news even criminals will get lawyer?
Lawyer can ask judge to see video , you cant go and tell judge by urself. He will probably not even listen you.
Shop lifting is not big crime here. Dont worry.

@lazyketa
You should have revealed the detail in your original post. Like others, I was also confused what happened next when she opened the bag. So, what the store associate said once he/she couldn't find anything insider your friend's bag? What did he/she said to police?

@lazyketa, based on the stories I've heard I'd say cases like these can go either way depending on how well you present yourself. My suggestion is hire a lawyer. If there is no way your friend can afford a lawyer, she can at least ask for a translator since you mentioned she can't communicate well in English. Good luck to your friend.

@rahasya,

My friend dialed 911 once she showed her pocket/bag to the employee. As I mentioned again, my friend should have asked for the manager but instead dialed 911 (probably out of frustration as she has never been got into such situation before). By the time police arrived, the store manager also blamed her that she is the culprit as the employee saw her doing so. Once the police arrived, the employee told the police and showed a pen (not from her pocket/bag). My friend told the police that she did not hid that pen. Later police asked her name and address and told her that she would be getting a court letter (which she got yesterday).

Hire a lawyer. Based on how u presented the story, there is some hidden truth. Unless CVS can provide video proof of her putting the pen from the shelf into her bag, and the same pen being discovered from the bag, the case will get dismissed if she doesn't plea guilty. Bottomline, no lawyer required if she is 100% sure, she didn't steal.

I agree with furke. The way you told the story, it sounds like there is something fishy. If your friend tells the story the way you told it, the judge might rule against her.

@furke -- Thanks for the suggestion
@minnpl -- Nothing fishy actually

I thought I can present her side of story accurately but it looks even for me I may not telling it properly. I now am pretty sure that it will become even harder for her as she cannot speak english fluently, At this point I am pretty positive that she needs to get a lawyer even though she is 100% innocent (at least that what I can sense it). I know there will be lawyer cost and etc but at least she can present her side of story in a proper way.

Could anyone suggest a good lawyer or should I just google.

This could be dragged much deeper than you think. Some clarity:

1. Did they find anything in her pocket and her bag? 2. Does she has any previous official records?

The answer to both is NO then she can approach this two ways

Easy way 1. Go to the court and say she was falsely accused, they will have to provide video evidence to establish guilty and then re-sue them for $1K for metal trauma, lost work, personal expense. Courts easily approve those.

Not so easy way 2. Hire a lawyer, and make this a racial profiling. Lots of $ and time. Talk to couple of lawyers who do it for free but take a cut from winnings. This may be more than 60% if they see this as legit litigation issue. Not sure anyone has time but corporations.

This is just a misdemeanor, no need to worry, not guilty until proven. But damn you want to steal something next time steal something big that will lasts forever.

@Unicorn,

No for both of your questions.

Thanks for the suggestion. Will check out both options.

Hire lawyer its worth it .

CVS is not a friendly store for brown people to go to. We have one here near by and most of the customers are white in this black neighborhood.