shoplifting

[patty ammons]

walked out of grocary store with 20lb bag of cat litter i had bought. when security man told me he wanted to see in my purse i told him tto go to my car. put my litter in the car he told me to come back in the store.i told him i was in a hurry that he could look in my pursde right here. he said no to come back to the store then he got aggresive grab me and told if i was a man he would lay me out i told him i didnt have to take this and left. a week later the police cotacted me and told me to come talk with them. when i did i was aressted. for shoplifiting. i never took anything i tried to show the man my purse but he got so deffensive he wouldnt let me. now they have no video of me taking anything or retrieved any thing from me. what should i do.

 

[Tracey]

Without a videotape or good proof that something was taken, I don't think the state has enough evidence to convict you. The state can argue that your leaving the store was an attempt to flee and supports guilt, but your offer to let the guard look in your purse in the parking lot may negate this argument. Demand a probable cause hearing and try to get any indictment dismissed. Don't talk to police without a lawyer. You should probably hire a lawyer for the PC hearing.

BTW, if the state asks you to accept a 'deferred prosecution,' don't. That's what the state tries to get when it knows it can't win a criminal trial but thinks it can intimidate someone into agreeing so that there won't be a trial.

You can sue the store for unlawful imprisonment, but you probably won't win. Talk to a lawyer and ask if your offer to let the guard look in your purse in the parking lot was sufficient that his grabbing you and trying to drag you back to the store constituted unlawful imprisonment.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

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