what will i be possibily charged with?

Question

cops are trying get me with theft by deception and what what will i be charged with in pennsylvania? the total of the item was 650.00 and am totally innocent, i know some will say get an attorney i have one. and other questions i have is if i write a statement and was not read my rights can they bring that statement up in court? and are they alowed to question a person harshly in front of a child when the child had no involvement?

for one im not a theif i did not steal anything so before u run ur mouth know the whole story and yes i am totally honest.

and to the one who said can i prove my innocence the answer is yes. This was my first question posting and wow some bitter ppl on here lol

and to the ones why dont i talk to my lawyer ummm cause i dont see him til thursday

it is a guy from missouri what happened is i sold something sent it to him and he says he wants his money back and that he never got it and i sent it usps and now wants his money back and i told him not til i receive my item back and he decided take it to the state police in my town , he called them and told them this and i went in for questioning on friday and they said i could leave at any time and then the one cops stoood by the door and would not leave me leave with my son, the customer also told the police i would not even respond to any his emails and i put every email on cd and handed it to the cops.

Answer 1

Number one, I have been a police officer for over 11 years, 4 as a detective, so I speak from life experience.

First, if the police never arrested you, they do not have to advise you of your Miranda rights. Miranda rights only have to be given when you are (1) in custody and (2) being interrogated. If one of those prongs is missing, no Miranda advisal is required.

Second, a written statement, even if you are in custody, requires no Miranda advisal since it is not in response to police questioning. The written statement is a GREAT police tactic to elicit a confession without questioning or Miranda. I have often used the tactic of suggesting to a suspect that they might feel better if they write a "letter of apology" to a victim that I will forward to them. I always let them know that writing such a letter is purely their decision and that I can not make them do so. Of course, many will and, of course, that written statement is also admissible in court.

Second, the police can question you in front of a child. Its not a tactic that I recommend or would personally use, but I can't see any reason that the kind of questioning would be illegal.

Of course, if you had nothing to do with the crime, you have nothing to worry about. In the future, and I say this as cop to suspect, it would be better when the police come to question you for you to politely decline to answer and refer them to your attorney. If they have a strong case againt you, you may go to jail anyway. If they don't, your statement may be the piece of the puzzle that sinks you.

ADD ON: When you go in for questioning on your own accord, or at the invitation of the police, you are NOT in custody and not subject to a Miranda advisal. The whole "You are not under arrests and you are free to leave at any time" speech that the police give you when the question you under these circumstances is referred to as Beheler Admonishment and will abwsolutely ensure that any statements you made will be admissible in court against you. It is a common (and VERY legal) tactic to ensure that statements you make outside Miranda will be admissible against you. The case law is Beheler vs. California if you want to read up more on this.

Answer 2

If you are really innocent, you have nothing to worry about..

The truth will come out in court with evidence and witnesses..
If you have the stolen item or items in your posession, or there are people to identify you as the guilty party, you are simply out of luck...
Yes, they can question you , in front of a minor, as long as they did not physically harm you without reason...

If you wrote a statement, you do not have to of had your rights read to you..the only time that occurs is at the moment you were placed under arrest and taken to jail for booking.. the statement is considered being written on your own free will...

Answer 3

if u wrote a statement of course they can use it and they will so count on it and they can say they used force appropriate to the person they were arresting if u have any prior charges then they will also use them against you they never forget to look at your record depending on your criminal record take a plea w no jail time and if u are unemployed get a job before you go they ar emore likely to lck you up if u do society no good in there eyes good luck

Answer 4

How are you inocent if there is an item you were arrested for totaling $650 ?
Did you try pushing a computer out of the store in a Wal-Mart cart or what?
Don't worry....No one in prison is guilty

Answer 5

you could be charged with theft under 1000. can you prove that u are totally innocent? and yes they can question you in front of a child.. even if the child has nothing to do with it.

Answer 6

yes. when you get out and meet your parole officer learn to really treat him or her with a lot of respect. don't dare act bitter for doing five years for $650. just keep your chin up and watch out for little gangs in the joint. in fact, they say you should join one and let them put their tatoos all over you after initiation week. lol

Answer 7

Ummm Yeah. Do the lawyer thing. He might be able to understand your senseless babbling.

Answer 8

under current bush progroms "they" are allowed to send you to another country such as Syria to be imprisoned and tortured without benefit of habius corpus for years .have a nice day.

Answer 9

You are in deep doo doo, get a mouth, any questions ask OJ he walked for murder

Answer 10

You are playing on the wrong side of the tracks.