State: Illinois.
Well, this is a very long incedent that occurred. First of all, I am 17, which is adult age in Illinois. I was in our local Best Buy with some friends, and had the stupid idea to try and steal the Sims 2. So, I was caught on the way out the door with it, although they didn't initially find it. I was scared, so I told them everything, which I now found out I shouldn't have done. They arrested me and charged me with a Class A misdemeanor of retail theft.
I hired a lawyer and went to court. First time, Best Buy didn't show up. The second court date, they also did not show up. It was dismissed from the court and all records were expunged. My lawyer said I could go into Best Buy again. So, all was good for a few weeks. I went into Best Buy on 4 different occasions, and just browsed, doing nothing suspicious.
On the fourth entry to Best Buy, I went to purchase a video game at the checkout counter. A man walked out of a room and walked towards me, and said "Terminate transcation. Come with me." I followed him into the same room that I was taken the first time. Here is a dialog of our conversation:
Security: Have you ever been in here before?
Me: Yes.
Security: Do you recognize this man (shows me the first security guard that caught me stealing the Sims).
Me: Yes
Security: Do you realize that you are trespassing?
Me: No.
Security: No?
Me: The case that was involved with my being banned from Best Buy was dismissed in Court. You guys didn't show.
Security: Do you have the court order?
Me: No.
Security: (something along the lines of) You are a liar. We were never made aware of this. We were never given the court supina (sp?) to show up in court. We will investigate this.
Me: Well, can I go?
Security: (takes something off the wall) Did you sign this?
Me: (looks at it, it was the initial complaint filed for the Sims 2 incedent) Yes.
Security: If you read right here, it says you are not to enter the premises for one year. And you are here.
Me: Well, I was told differently.
Security: Too bad.
That basically sums it up. They called the police, I was searched, handcuffed, and taken to the police station. I was charged with a Class B misdemeanor of Criminal Trespassing.
Now, my first question. Was my lawyer correct? Should I have been able to enter Best Buy without problem?
2. Is the contract I signed void because it was thrown out in court?
A couple side notes are that the arresting police officer never read me my rights, nor asked. The complaint typed up by Best Buy was partially incorrect; it said that I was told by the security officer that caught me trespassing that HE told me not to come back, when in reality the other guy caught me stealing, and he NEVER said that I could not return. The police officer did say that I was not to enter however.
Now, here is my question. My lawyer (who doesn't know all the facts) is convinced we have a lawsuit against Best Buy for false arrest. There have been all sorts of damages that have occured because of this little screw up on Best Buy or my lawyer, and I want to get some sort of reimbursement.
Thanks in advance!
Well, this is a very long incedent that occurred. First of all, I am 17, which is adult age in Illinois. I was in our local Best Buy with some friends, and had the stupid idea to try and steal the Sims 2. So, I was caught on the way out the door with it, although they didn't initially find it. I was scared, so I told them everything, which I now found out I shouldn't have done. They arrested me and charged me with a Class A misdemeanor of retail theft.
I hired a lawyer and went to court. First time, Best Buy didn't show up. The second court date, they also did not show up. It was dismissed from the court and all records were expunged. My lawyer said I could go into Best Buy again. So, all was good for a few weeks. I went into Best Buy on 4 different occasions, and just browsed, doing nothing suspicious.
On the fourth entry to Best Buy, I went to purchase a video game at the checkout counter. A man walked out of a room and walked towards me, and said "Terminate transcation. Come with me." I followed him into the same room that I was taken the first time. Here is a dialog of our conversation:
Security: Have you ever been in here before?
Me: Yes.
Security: Do you recognize this man (shows me the first security guard that caught me stealing the Sims).
Me: Yes
Security: Do you realize that you are trespassing?
Me: No.
Security: No?
Me: The case that was involved with my being banned from Best Buy was dismissed in Court. You guys didn't show.
Security: Do you have the court order?
Me: No.
Security: (something along the lines of) You are a liar. We were never made aware of this. We were never given the court supina (sp?) to show up in court. We will investigate this.
Me: Well, can I go?
Security: (takes something off the wall) Did you sign this?
Me: (looks at it, it was the initial complaint filed for the Sims 2 incedent) Yes.
Security: If you read right here, it says you are not to enter the premises for one year. And you are here.
Me: Well, I was told differently.
Security: Too bad.
That basically sums it up. They called the police, I was searched, handcuffed, and taken to the police station. I was charged with a Class B misdemeanor of Criminal Trespassing.
Now, my first question. Was my lawyer correct? Should I have been able to enter Best Buy without problem?
2. Is the contract I signed void because it was thrown out in court?
A couple side notes are that the arresting police officer never read me my rights, nor asked. The complaint typed up by Best Buy was partially incorrect; it said that I was told by the security officer that caught me trespassing that HE told me not to come back, when in reality the other guy caught me stealing, and he NEVER said that I could not return. The police officer did say that I was not to enter however.
Now, here is my question. My lawyer (who doesn't know all the facts) is convinced we have a lawsuit against Best Buy for false arrest. There have been all sorts of damages that have occured because of this little screw up on Best Buy or my lawyer, and I want to get some sort of reimbursement.
Thanks in advance!