I was arrested for retail theft after a security guard called my home accussing me of theft 5 days after I was in the store shopping with a friend! He said "somebody" recognized me on a security tape and thats how he tracked me down! He said they did an inventory of one of the items I was trying on and when I left they were missing one, then accused me of taking it! I remained in the store for a long while after trying the items on, I bought items and waited for them to be gift wrapped even! I told him that he was seriously mistaken! The only things I left that store with I PAYED FOR!And He wanted me to come in so he could have a ticket issued! I objected to this of course and wks later I was arrested and jailed at my home in front of my children! I have pled not guilty to the theft charge. Is it possible to be found guilty of this! There cant be any kind of proof or evidence of me stealing anything because IT NEVER HAPPENED! The judge asked me if I had a lawyer to represent me at the bench trial! I was stunned! Didnt know what to say! I assumed I wouldnt need one in this open and shut case! And isnt this a form of false arrest? How was a warrant even issued? Theres no possible way that theres any kind of evidence against me! I didnt commit any crime! Do I need a lawyer?
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Shoplifting, Larceny, Robbery, Theft Could I be found guilty to this bogus theft charge?
- Thread Starter virgogirl
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mightymoose
Moderator
There is this thing called probable cause. A warrant would not have been issued without it.
The District Attorney reviewed whatever information was available and apparently believed there was enough evidence to justify the warrant. That does not mean you will be found guilty. That is for a jury to decide after hearing all the evidence, including whatever you have to say. The District Attorney did not have any input from you, so at this point it is a one sided story.
They likely have video of you entering the dressing room with clothing and exiting without it. In my opinion, that is not nearly enough.
Lots of times people try on clothes and leave them in the dressing room to be refolded and returned to the shelves later.
Unless they have something more solid than what you indicate here, I would expect you can beat it. Lawyer up and let the attorney handle it for you. If you can't afford an attorney request the services of the public defender.
Unless you are withholding something or they have something really solid I would expect any competent attorney to make quick work of this and get a dismissal.
To answer your question- is it possible to be found guilty of this? Yes, absolutely. However that won't happen without evidence beyond a reasonable doubt.
The District Attorney reviewed whatever information was available and apparently believed there was enough evidence to justify the warrant. That does not mean you will be found guilty. That is for a jury to decide after hearing all the evidence, including whatever you have to say. The District Attorney did not have any input from you, so at this point it is a one sided story.
They likely have video of you entering the dressing room with clothing and exiting without it. In my opinion, that is not nearly enough.
Lots of times people try on clothes and leave them in the dressing room to be refolded and returned to the shelves later.
Unless they have something more solid than what you indicate here, I would expect you can beat it. Lawyer up and let the attorney handle it for you. If you can't afford an attorney request the services of the public defender.
Unless you are withholding something or they have something really solid I would expect any competent attorney to make quick work of this and get a dismissal.
To answer your question- is it possible to be found guilty of this? Yes, absolutely. However that won't happen without evidence beyond a reasonable doubt.
army judge
Super Moderator
You do not have to accept a bench trial, either. If I were you, ask your attorney to demand a jury trial.
Also advise your attorney about the judge's remarks.
Speak to no one about this nonsense, but your lawyer.
You're wise to have made no statement to the security guard. This is no time to talk. You have the right to remain silent. Make sure you use it!!!
Also advise your attorney about the judge's remarks.
Speak to no one about this nonsense, but your lawyer.
You're wise to have made no statement to the security guard. This is no time to talk. You have the right to remain silent. Make sure you use it!!!
CdwJava
Moderator
Contact an attorney.
While this does not appear to be a "false arrest" as they apparently managed to convince a judge that there was sufficient probable cause to issue an arrest warrant, it is something you will need an attorney's assistant on. Unless this is some form of summary offense (or a non-jailable offense in IL, whatever it might be) you should be eligible for a court appointed public defender.
While this does not appear to be a "false arrest" as they apparently managed to convince a judge that there was sufficient probable cause to issue an arrest warrant, it is something you will need an attorney's assistant on. Unless this is some form of summary offense (or a non-jailable offense in IL, whatever it might be) you should be eligible for a court appointed public defender.
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