Shoplifting, Larceny, Robbery, Theft Do I have a good case?

Status
Not open for further replies.
S

soblessed

New Member
there was a 500 dollar draw shortage at my job(check cashing). it was not my drawer and i was not there at the time of the shortage. i was asked by the police(phone) to come give a statement of the day i worked and what occurred(this was 3 days later). when i went to give my statement the officer listen to what i had to say which wasn't much because i didnt know much and he arrested me. They had a video of my hand in my shirt for a split second.He lied in his report and said that i admitted, i never adimitted. I was fired, arrested, my car was repossessed, i lost my apartment, i now live in a one bedroom with 2 other people, i was put in the dollar newspaper which had everybody in my life calling n asking what happened, i have not been able to get a job since, employers always mention the grand theft arrested, i became very depressed and went on antidepressants for a few months, i was not able to get out of bed for months except going to court. i stopped going to college because i couldn't handle it all. i went to trail and all charges were dropped and the jury watched the video as well.Theywatched the tape more than once and didnt see any theft take place. Do i have a case? if so with who the police department or the job
 
Unfortunately, people have a right to be wrong. The question for a civil court would be whether or not the police or your employer recklessly or maliciously acted against you. They can legally jump to the wrong conclusions. But, did they accuse you or arrest and prosecute you unreasonably? I suspect that if it got to trial, a court had at some point ruled that there existed sufficient probably cause to make the arrest and proceed to trial.

But, you can consult an attorney and see if there are any grounds to sue anyone. I'm guessing not, but there may be some detail of the case that you can provide to an attorney that will change the whole picture.

- Carl
 
I don't get it... if you weren't even there at the time, how did they have a video of you with your hand in your shirt?

You might not have admitted to stealing the money, but the police investigators are pretty good at tricking you into saying things that you don't mean to say. Just keep in mind that you are not obligated to even speak to them.
Did the officer ever tell you your rights? You are free to walk away at any time until they arrest you.
 
I'm sorry to hear about your trouble. I doubt there is anything you can do. Most likely the Grand Jury indicted you and that gives the DA cover to prosecute you. I know CDWjava won't like hearing this but it is ABSOLUTELY TRUE. When a police officer wants to talk to you tell them the following: First I want to consult an attorney and have him/her present during our conversation.

Few believe me and many get self righteous and tell me: if you did nothing wrong you have nothing to hide. You unfortunately learned the hard way. Try to get by it and move on.
 
You might seek some legal advice about wrongful termination and accusation by your employer. That is a far better possibility than suing the government.
 
I usually don't care if someone doesn't talk to me ... it makes my report shorter and that saves me time. Sure, they don't have to talk to me ... but if Miranda does not apply, I can still keep trying to ask them questions in many instances, and they can either relent and talk to me or keep saying, "Nope." Most people don't so much refuse as they try to lie. THAT is where most people trip up - they lie, and they get caught in the lie.

Unfortunately for the truly innocent, not talking sometimes leaves the only spin on the evidence that of the accuser or the cynical twist of the police. Sometimes all that is needed is a rational explanation to cast doubt on the whole affair and toss probable cause for an arrest or prosecution right out the window.

- Carl
 
Usually the suspect statement is self serving anyway. if he or she is innocent, it is usually a report that is not going anywhere anyway. If they are guilty, they either confess or lie and either way they stand a good chance of getting prosecuted.

If they say nothing, then their accuser's side (and the state's interpretation of the evidence - if any) is about all that can be considered for arrest and prosecution. I have seen people that I have believed to be innocent go to jail because they kept their yaps shut in such a situation. It is not until they have spent a small fortune on attorneys, spent time in jail, and lost their job that they finally tell their tale and the matter either gets dismissed, or they are acquitted at trial.

- Carl
 
I can't tell you how many times I have seen people arrested on nothing but their statement. Especially on something that is a jury issue like self defense....
 
Well, in truth it would not be JUST the statement, it would generally be more than that. You have to, of course, have a crime. The state would have to show opportunity and possibly even motive as well. But, if I were to confess to a burglary in Reno last night, they could not convict me of it as there is no way I could have been there. Now, had there been a burglary there, had there been no reason to believe I was here in town last night or some evidence to show I was in or near Reno, then maybe they could. But, the confession alone does not get the conviction.

One frustrating example we had was a parolee who got caught with handfuls of off the rack jewelry still in the labeled backing from Longs Drugs. He confessed the theft and even told us when he did it. Unfortunately, none of the clerks could ID him, he was not caught on video, and the way the SKU numbering system worked in the store at the time there was no way to determine if those cheap jewelry items had been stolen from the store at all. So, because we could not show a crime was committed, nor could we tie him to the store at all, the court threw out the case for lack of probable cause and we had to return the property to him. For his part, the parolee did refuse the items and asked that we return them to Longs ... so, maybe he was going to turn over a new leaf.

- Carl
 
My wife came home from a bar one night where someone had drugged her. She had a violent reaction to a drug someone gave her. By the time she got home she was in really bad shape. She flailed around fell down repeatedly, face planted on the ground, split her head open, picked up a mop handle and hit me on the side of the head breaking the mop handle, I took part of the mop handle and fought her off hitting her 2x. I didn't know she was drugged, I thought she was incredibly drunk.

I when she stopped fighting I left her in the house and went to a hotel. I thought she was ok but had no idea what was wrong. Later that night she walked down the street in my bathrobe and a kitchen knife. When she arrived at the waffle house they called the police. To this day she remembers nothing.

The next day I got a call from the police and told them exactly what I told you. They arrested me for aggravated assault. and put me out of my own house with a no contact order for 5 months. I did nothing wrong. NOTHING.

Fortunately the Grand Jury returned a No Bill and my wife and I got together and found out that she had been drugged and she found out I didn't do anything to her. Before you doubt the "she was drugged" defense, just take it from me, the hospital found ZERO alcohol in her.

Anyway, that's a good example of how I did nothing wrong, cooperated and ended up screwing my life for 5 months. If I had refused to talk they could not have arrested me. Life is strange. All is well now.
 
But, in that instance they had your account - which included you admitting to striking her, they had an injured party, and in a world of high profile domestic violence, that can be sufficient probable cause for an arrest. And, no, they probably did not completely buy the "drugged" allegation. Even if true, it is rare enough to give one pause. Even had you not spoken to the cops, they could well have had sufficient probable cause for an arrest. Every state treats it differently. My state very rarely uses a Grand Jury system for indictments so we make the arrest on probable cause and let a DA and a judge evaluate the PC to see if it is sufficient to take to trial.

I can offer up many stories where the only thing that kept a person out of jail was the party's statement which offered a plausible and even quite reasonable explanation for events. There are certainly times when you should keep your yap shut. In the scenario you describe, I suspect you would have been THE suspect anyway. Your statement merely gave them some details to what they suspected.

Of course, had they NOT had your account and had you NOT been allowed to speak at the Grand Jury hearing, it is very likely you would have been charged, I imagine.

- Carl
 
I didn't speak at the grand jury though I'm sure my statement was evidence was there. My statement was the only thing they had to arrest me with. Without that they could not even prove I was there when the injuries occurred. It's ok because it turned out ok.
 
Trust me, they would have focused on you. And, yes, chances are your statement was present in the report. It may have also been what tipped things in your favor. If you had said, "Pound sand," the GJ may have decided, "What is he hiding?"

- Carl
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top