• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Accused of stealing, item was not located.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MarbSkyline

Junior Member
Colorado

I went to a retail box store to price out some iphone cases before work. I worked downtown, and needed to take the public transit downtown to get to work, and figured I better go to the bathroom now before I'm stuck on the train for an hour. I went to the bathroom, and on my way out of the store I was stopped by the store manager and asked to give back the bluetooth device I apparently had on my person. I stopped, and handed the guy my backpack to look through and he took it and said "Call the cops" without searching it. I asked for my backpack back and he took it behind the counter. It was nearing time for me to leave to get to work and, having done nothing wrong, decided that I didn't need my backpack considering it was very old, had a broken zipper and only contained 2 books that I had for my long ride to and from work. I figured it was worth more to me to keep my job than that backpack. So I hopped on my bike and left. I got a few blocks away, realized my bike lock was in my backpack and I needed it to ensure my bike wasn't stolen, as it is my main form of transportation other than public transit. So circled back to the store, and sat on the opposite side of the parking lot with my hands up so the cops would come over and see me. They approached me, in a non threatening way at all, in fact they were quite nice asked me what had happened. I told them what had happened, and I also told them I needed my backpack as it contained my bike lock.

I waited around for things to get figured out... apparently one of the employees saw me go into the bathroom with a bluetooth device in my hand, and came out without one. Additionally, after I had left and came back to the store they found open packaging that originally contained a pair of headphones in the trash in the bathroom. The police officer tells me this, and hands me a summons to appear in court. They give me back my backpack, considering it doesn't contain anything stolen. Additionally they didn't even search my person to see if they could locate the missing item.

My question is, do they have any grounds to convict me? I have absolutely nothing on my record but a speeding ticket. I have never even dealt with the cops in any fashion other than traffic stops.
 


justalayman

Senior Member
My question is, do they have any grounds to convict me? .
If they testify to what you said here, yes, they have enough to convict you. Since you apparently left with the merchandise and ditched it before returning to the scene of the crime, them finding it doesn't mean anything. It would help their case if they found it but even without it, it's not looking good for you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top