Q: My friend was arrested for shoplifting
My friend was arrested for shoplifting at Walmart. She sat in jail all night. when she went to court neither the judge nor her knew what she had taken. The judge had nothing on it. Even asked her what she had been accused of stealing. She said she didn't know. They told her she couldn't go back to the store but still she hasn't received anything. No paper work nothing. She still has to pay a fine for stealing. What I'm asking is it legal to do that? Pay on something that even the judge didn't even have paperwork on? Is there anything she can do?
A:
In Oklahoma, the situation described, where an individual is arrested for shoplifting but neither the judge nor the accused has specific information about the items allegedly stolen at the time of the court hearing, raises concerns about due process. Due process is a constitutional right that ensures fair treatment through the normal judicial system, especially as a citizen's entitlement. If the judge and the accused were unaware of what was allegedly stolen, it could indicate a lack of evidence or proper documentation being presented during the hearing. Legally, for a conviction of shoplifting or any crime, the prosecution must prove beyond a reasonable doubt that the accused committed the offense, including specifying what was stolen.
Your friend has the right to be informed of the charges against her and to contest those charges in court. If she has been fined without clear evidence of her having committed the offense, there may be grounds for legal recourse, such as filing a motion to reconsider the judgment if new evidence or arguments can be presented.
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