Shoplifting, Larceny, Robbery, Theft Falsely accused and arrested for shoplifting

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msmartin

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Today I was falsely accused of shoplifting a $2.50 bag of bacon bits. The store saw me pick them up, but didn't see me set them down in another isle. After I purchased a few cans of food they confronted me for stealing bacon bits. I disagreed and they put me in a head lock and forcefully brought me down. After managing to get them off of me they told me to take them to where the bits were set. I showed them, but they are now accusing me of taking them out of my pants in the back of the store. We all know I didn't steal them, but I feel the owner who forcefully held me and took me to the ground knows he made a mistake so he needed to take action on the charge so I can't retaliate and press asssult charges.

I was arrested and detained in a detention center for the afternoon and am now out on a PR bail.:eek:

They never found the item on my person, and I never left the store with the item, it was placed on a shelf after I decided I didn't want them. My knee is swollen from being forced to the ground and have scratches on my arm.

Does it sound as if I have a civil suit case, my hearing is in two weeks. what happens when I plead not-guilty to the charges. What are my rights in Colorado for this situation.

I am talking to a lawyer but it is a free 1/2 hr consultation and I don't have a lot of cash (but enough for bacon bits).:confused:
 
You have a good prima facie case.

You need to retain a lawyer to represent you in your civil suit.

That lawyer will most likely take the case on a contingency basis, if your facts prove up your allegations.

In the meantime, seek and follow medical advice. Say nothing more to anyone, but YOUR lawyers!


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In some states concealment alone is theft. Whether thats case in CO I dont know. As far as the rough treatment stores allowed to use force to detain shoplifters. The issue is whether it was justified or not. Yes by all means talk to an Attorney however your first concern should be the criminal case if store filed charges which it sounds like they did. Once you have that cleared up yes talk to an Attorney over Civil issues. The link in my signatur eline will take you to a site just for retail theft issues. There you will find experts to answer most if not all your questions on the alleged theft
 
I think you definitely have a case against the store. While Jack's is right that concealment is often the crime itself, putting them back on the shelf is not likely concealment and roughing you up for a 2.50 item is stupid. Go to the doctor and go to a lawyer.
 
Sadly there are many in the retail security field that think its cops and robbers and roughing up subjects are part of deal. I agree it seems you have a strong civil claim against store but your first concern needs to be your criminal case. Deal with that first.
 
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