Shoplifting, Larceny, Robbery, Theft Forced to admit to shoplifting

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trymylove

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I am 31 years old, and my 18 year old nephew and my 7 year old daughter and I went to the mall. I had a purse and a pair of jeans from Store name that I wanted to exchange...I didn't have the receipt for them, but I've never been hassled about that before, as it was just an exchange. Anyway, I had the items in a shopping bag, we went into the store, a saleslady stopped me and asked me to try some perfume, I told her I had some things to exchange and would stop back. I went to the purse section, didn't see a purse worth exchanging the one I had for, and went to the jeans section. I took 3 pairs into the dressing room, none of them fit, so I put them back on the shelf and we left. We were walking around the mall, stopping in stores and browsing, and my nephew wanted to go into Store name. The idiot decided to steal a pair of jeans and he got caught. So the
employees at Store name wanted to search my bag since I was with him, I told them that was fine. Then he wanted to see the receipt, which I didn't have. I started to explain to him why I didn't have one, and he told me I was going to jail, so my daughter and I left the store, and the mall. I figured when my nephew was ready or released he would call, and I would go pick him up. SO he called and told me he had a citation and a court date, and needed a ride. When I showed up to get him, a police officer came to my car told me to shut it off and get out. He searched my car and asked me where the itmes from Store name were. I told him "At home." He told me my options were to either cooperate and give him the items or go to jail and tell it to the judge on monday, and CPS would be called to take my child. So at this point he could've gotten me to admit to anything!! The thought of losing my child was enough. So he made my newphew take my car back to my house,
get the items from Store name, and come back. In the meantime, the LP officer said the store was not going to prosecute, they took my picture, and I had to sign a paper stating I would never go into the store. The police officer gave me a citation as well with a court date. This was on a Saturday, and on Monday I called the manager of Store name, explained the situation to him, asked iof he could help me in anyway, he said he would call me back, and that was 3 days agho and I have not heard back from him. I know I did nothing wrong, but I also know how the big picture looks. He got caught stealing, I had items with no receipt, I pretty much admitted to it for fear of losing my child. What can I do? Am I totally screwed? I have called several attorneys but the cheapest one is $1000, which I don't have, and I'm pretty sure I make too much to qualify for a public defender!! Please offer any advice you can.
 
If you do not hire an Attorney then you will be forced to fight this alone without legal help. That could make matters worst. You need to find a way to get legal representation as you did nothing wrong. I might add that there i sno way the store can prove you stole anything and they did not follow standard LP policy for making a shoplifting stop.
 
Admin said:
If you do not hire an Attorney then you will be forced to fight this alone without legal help. That could make matters worst. You need to find a way to get legal representation as you did nothing wrong. I might add that there i sno way the store can prove you stole anything and they did not follow standard LP policy for making a shoplifting stop.

If her story is true.
 
If you cannot afford a private attorney ask that a public defender be appointed. Then before court, they can issue a subpoena duces tecum and get all the evidence that is going to be presented by the state in order to convict you. The testimony of the police officer and the LP are going to go a long way and most likely be the main source of evidence.

You are also allowed to present evidence and subpoena witnesses (a judge can compel them to come to court) and your attorney will assist you in offering any and every possible defense in your case.

You are innocent until proven guilty and the prosecutor may look at the case and realize they do not have enough to go on and the case will be nolle prossed.
 
trymylove said:
In the meantime, the LP officer said the store was not going to prosecute, they took my picture, and I had to sign a paper stating I would never go into the store. The police officer gave me a citation as well with a court date.

So the LP decided to not prosecute you, but the cop write you a citation anyway?
 
I would also advise against contacting the store again for any reason as it may be seen as witness intimidation and may violate the ban. If the courts drop the charges against you, contact corporate and ask the ban to be removed and get a letter in writing from them.

Also, if you are really innocent, do not pay the civil demand until this is resolved.
 
Yes, LP said the store was not prosecuting, but the police gave me a citation with a court date. I know it's my word against a police officer, and I know how that's going to go, because police officers never lie right?? :)
 
Not necessarily. Unless the cop witnessed the offense he can only testify to what the LP told him. That means if the LP doesn't think he is going to court and doesn't show up, the state has no case against you as the police officer did not witness the alleged shoplifting.

If the LP does show up, he has to give his testimony to what he saw, video they have and any store written reports of the incident. This is all evidence that the state will use against you.

A side note is that many cops charge people with a crime, as long as it fits the basic elements of that crime, even if it will not stick, in order to get them into the system.
 
That's what is so confusing to me...no one at the store stopped me for shoplifting, the police didn't see me shoplift, (because I didn't), so I know I am not guilty, but everyone is telling me that if I plead not guilty and show up without a lawyer I'm screwed. I just am still in shock that this is happening to me. I have never been in trouble with the law. What a mess!!
 
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