I was caught taking cash from my place of business, roughly $1,000. I have not been formally charged
First off,you could be looking at a felony theft charge,given the dollar amount.That of course depends on Idaho's law,but all jurisdictions have laws regulating theft over a specified dollar amount,that constitutes a felony instead of a misdemeanor.Just saying this to make you aware of the possible seriousness of the matter.
My Loss Prevention Officer did call the police and they came, got my information, and said to contact a lawyer as they were going to have me come down to the station in a few days to answer some questions.
Just as others have said,"zip" it,and don't say a word,except that you are exercising your 5th Amendment,right to "remain silent,"and that you want a lawyer.
I want to make something very clear here on this point.The said evidence against you could be very weak,so that a prosecutor isn't willing to pursue it at all,but if you go in for this interview,and agree to answer questions about this theft,than you most likely will give them incriminating admissions,just short of a confession,that will make the state's case,a good solid one.
Most likely,if they already think they have enough evidence,they will formally charge you anyway,so,it not like,"ok buddy,we gotcha now,so you might as well confess."
. Can I ask for a public defender at this point or do I have to wait until I am officially charged?
You do have a right to an Attorney,and to have that Attorney present during all Police questioning,but at this early investigating stage of the process,the Attorney,you have a right to,is one that you can afford,and not the public defender,you have a right to,should you end up being charged.
also,once you invoke your right to remain silent,(as you should,)all questioning must immediately cease,so no questioning,means you don't need a lawyer..
If you are formally charged,and cannot afford an Attorney,you can ask the court to appoint you one at your first appearance.
