Shoplifting, Larceny, Robbery, Theft Falsely Accused

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emarieb

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I was recently sent a non traffic citation summons in the mail. I am being accused of retail theft. This is the first time anything like this has ever happened to me. There is no way I would ever do this! I wouldn't steal anything, nor in the manner this witness apparently saw me do it! The witness was a loss prevention officer who worked in the store.

She is saying the incident happened 4 months ago, so why did I just get the summons? So, how did she get all of my information? Why am I being targeted when I know I didn't do it! Why wasn't I approached in the store?

I have since hired a lawyer. I was hoping he could talk to the police or others and find out why I am being accused. He said that my best option would be to apply for a program that would keep my record clean. It's not a guilty or not guilty plea, but it will keep my record clean, which I think would be a very important move. He says this is the best option because if we go to trial, it will basically be her word against mine, which does not seem fair at all! Even though I didn't do it, the judge will still be inclined to take her word over mine! Why? What are the chances we could disprove her, or whatever her testimony is, in court?

I asked if I could think about it, and what would happen if I changed my mind about the program. He said that if I did, it would anger the judge, and district attorney who went through the process of deciding to let me take the program and so they would be more inclined in the trial to find me guilty. That doesn't sound like a fair process at all! How is that fair? It's my decision, it's my record, and my life that will be affected! Not theirs!

So what do I do? Is it worth the risk to go to trial because I want to know what this loss prevention officer has said about me? Will it really be her word against mine? To know for sure why she thinks I stole the items? Or is it worth keeping my record clean, taking an easy, maybe guilty maybe not guilty way out in the judges eyes, and then taking an insulting class about shoplifting? A class I don't need to take!
 
If you aren't happy with your attorney's advice then talk with others. You may get different answers.
The employees statement alone is not enough to convict you. It would have to be proven that it was you and how you were identified. There are a number of ways an attorney can defend you.
Take the class or have your day in court, your choice. Your attorney is trying to keep it simple and not give a jury a chance to convict you with bad evidence.
 
We can't tell you what to do. Your best bet is usually to take your attorney's advice or talk to another attorney. You definitely do need an attorney's help/advice & then make a decision. Good luck.
 
Someone that knows you might have lied about being you when they got caught. That happens more than you could imagine. Do you have any look alike friends or relatives, or an identical twin?


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In order to be found guilty the DA must PROVE beyond reasonable doubt you did this. If you did not its unlikely they will succeed. Why should you plead guilty or even take plea deal for something you did not do? I have worked in retail theft for many years and either your not telling us everything or the circumstance sin case point towards you. Waiting to file or send summons is not abnormal
 
I would like to thank everyone who commented on my post. I listened to my own self, and the comments from everyone here and did get a second opinion from another lawyer. He was more willing to help me, so with some switching of legal council I am on the path I want to be. Thanks again.
 
You're welcome & good luck to you.
 
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