Shoplifting, Larceny, Robbery, Theft Retail Theft

[oops6789]

Jurisdiction

Wisconsin

Okay so last night police officers went to both my home (I was not there) and my father's home, so I called the police station and asked why they're trying to contact me. The officer said that I stole a "large" amount of items from Kohl's and that he has my wallet(it was left in the dressing room) he claims to have me on camera, but I obviously was not stopped leaving the store or in possession of any of the items, I asked the officer if I could get my wallet today and he asked what time I would be there. I am also out on bond for a non released offense, my question is when I go to retrieve my wallet from the police station are they going to arrest me? Can they charge me with the crime if mechanise wasn't recovered and if I wasnt stopped at the scene?

 

[flyingron]

Can you be arrested when you go to retrieve your wallet: YES.
Can they charge you if they didn't stop you at the scene: YES.
Can they charge you if the merchandise wasn't recovered; hell YES.

They can also charge you even if you don't show up at the police department, though they probably will be overjoyed that you did come in as it makes things easier.

You seem to need to be in regular communication with an attorney.

 

[Tax Counsel]

I am also out on bond for a non released offense, my question is when I go to retrieve my wallet from the police station are they going to arrest me? Can they charge me with the crime if mechanise wasn't recovered and if I wasnt stopped at the scene?

While I can't predict for sure what the police will do should you go to pick up the wallet, you should anticipate it is highly likely that the police will indeed arrest you when you show up to pick it up. They are looking to arrest you after all, and they'd be stupid to pass up the chance when you willingly walk through their door. They might try to tell you that you'll get your wallet back, but I wouldn't count on that either. That wallet is evidence against you, and I would bet they'd want to keep it until trial unless you plea bargain it out before then. Note if they do arrest you, you may find your bond on the other offense revoked and they'll end up setting new, higher bonds for these offenses since it appears you cannot keep your nose clean while out on bond. So if you stole the goods, it wasn't a very bright thing to do.

All the police and prosecutor need is enough evidence that would convince a jury that you committed the theft. A video showing you hiding the goods + your wallet left at the scene may well be enough. There is no requirement that the store stop you as you leave and discover the goods on you in order for you to be found guilty.

My recommendation to you is this: Don't go to the police station. Instead go to a lawyer and get his/her advice what to do. And stop committing crimes. You'll just keep digging bigger hole for yourself each time you are caught.

 

[Tax Counsel]

They can also charge you even if you don't show up at the police department, though they probably will be overjoyed that you did come in as it makes things easier.

It reads to me like he or she has already been charged; that's why the police were looking to pick him/her up.

 

[mightymoose]

my question is when I go to retrieve my wallet from the police station are they going to arrest me?

Maybe. If the offense was a felony (it would likely depend on the value) they may arrest you. If the offense was a misdemeanor they could still issue a citation and send you on your way. They might not do either, but after their report gets reviewed by the district attorney you might then have an arrest warrant issued if the DA opts to prosecute based on the available evidence.

Can they charge me with the crime if mechanise wasn't recovered and if I wasnt stopped at the scene?

Of course! If running away undetected was a valid defense our prisons wouldn't be half as full as they are.

If you want your wallet then go get it. You will likely find that they want to speak with you first. Don't do it. Simply state and restate that you would like to collect your property and leave. Don't answer their questions without consulting with an attorney first.
My bet is that if they intended to arrest you they already would have. You probably have not escaped this theft unscathed, but whether or not you collect your wallet will not change the outcome. Answering their questions and trying to explain yourself without an attorney present WILL change the outcome.

 

[mightymoose]

That wallet is evidence against you

It might also just be lost property. It depends what other evidence exists.

 

[shrinkmaster]

You need to talk to a Lawyer BEFORE going to Police station!

 

[flyingron]

It reads to me like he or she has already been charged; that's why the police were looking to pick him/her up.

Possibly, possibly not. I've seen cops ask people to voluntary come in so they can make voluntary questions without advising rights. On the other hand, he may have charges filed and the cop is trying to get the surrender to happen on safer grounds than trying to pull the guy out of his house (seen that as well).

 

[army judge]

I asked the officer if I could get my wallet today and he asked what time I would be there.

Oops....

I am also out on bond for a non released offense

Oh my goodness...

my question is when I go to retrieve my wallet from the police station are they going to arrest me?

A law enforcement officer can arrest anyone 24/7/365 without notice or warning.

A better question would be why would any law enforcement officer arrest an innocent person or anyone ABSENT probable cause to make such arrest?

Mere suspicion alone isn't grounds for an arrest, but people occasionally do get arrested on suspicion alone.

Can they charge me with the crime if mechanise wasn't recovered and if I wasnt stopped at the scene?

Of course you can be arrested if an ongoing investigation leads the investigator over the probable cause threshold to effect an arrest with you as the perpetrator of a crime.

You might wish to call a local bonding agency using the ruse of asking if there is a warrant for your arrest and how much bond you'll need to arrange to have yourself sprung.

Bear in mind, the police can find you if they wish, and arrest you over a LOOOOOONG four day holiday weekend, or the upcoming Christmas-New Years holiday hiatus!




Last and most important point:

You were out on bond for an alleged prior offense.

The terms of any pre-trial release and/or bond require the person bonded to NOT commit other criminal offenses.

If you are arrested for this latest caper, bond might NOT be available to you.

You might wish to arrange your affairs accordingly!

 

[zddoodah]

when I go to retrieve my wallet from the police station are they going to arrest me?

How could we possibly know?

Can they charge me with the crime if mechanise wasn't recovered and if I wasnt stopped at the scene?

Of course.