some of you answered the other dilemna to my neice but here's another one.
Can she sue the store's employee and store for lying on the police report about her leaving the store when she didn't. she pled guilty to theft but she didn't plead to leaving the store. store personnel lied about that in the reports to the court.
2006-09-16 06:48:35 · 5 answers · asked by greatdame53209 1 in Politics & Government ➔ Law & Ethics
I don't think you can sue over a criminal matter. Lying to police and the court is a criminal matter.
2006-09-16 06:53:48 · answer #1 · answered by Anonymous · 0⤊ 0⤋
no, you have no recourse against the store. When your neice pled guilty, she agreed with everything that was testified to. It's not a crime to leave the store and it would be irrelevent to the theft charge. Although it's not theft until she leaves the store with the intent to not pay for an item she "aquired" on the premises of said store, she plead guilty, in court, to the facts as presented. End of story. It sounds like you're asking if she can sue for libel. For something to be libalous, it has to cause damage. Had you niece not pled guilty, but instead been found guilty, then there would be a case. Sorry.
2006-09-16 14:07:10 · answer #2 · answered by Da Yank 3 · 0⤊ 0⤋
ok, how can she prove in court that she did not leave the store?? If she can do that, she may sue but she will have to sue for the damage that the statement cost her. So also what damage did that statement do.
Next I doubt if you can sue the store, merley the employee,
But you will have to prove that the incorrect statement caused you harm, then if it caused harm how much in dollars was that harm worth, And you will have to have evidence that the statement was false. ( which I will assume would have happened in court if there was such)
And actually it is not theft under most laws unless you leave the store with the item, so by pleading guilty to theft, it would be understood she left the store with the item.
2006-09-16 14:00:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
She pled guilty to theft and now she wants to sue the store? She's got some real nerve, doesn't she?
2006-09-16 15:43:26 · answer #4 · answered by y_nevin 2 · 0⤊ 0⤋
You can sue for anything. If you give enough money to a sleazy lawyer that is... Why bother? I am guessing that she is not being charged with "leaving the store". She just needs to take her lumps for the theft charge and get over it.
2006-09-16 13:53:32 · answer #5 · answered by troythom 4 · 0⤊ 0⤋