Justice question over shoplifting?

Question

okay i stole from target (keychain) and i was out side the store when a undercover secruity garbbed are arms (firmly) and told us to empty are pockets ( he did not tell us who he was) does that count as assualt? #2 when the police arrested us they did not read us are miranda rights. what does this mean i do not have to go to court? all he said was we ahve to go to court and that was it.

Answer 1

He had to wait until you were outside the store before it can officially be considered stealing (any time before that you could say you had intended to pay for it before leaving). He was in compliance with the rules of apprehension.

The arresting officer did not have to read you your Miranda Rights. There are certain circumstances when they are not determined to be needed. Sometimes, a suspect will make voluntary statements after he is arrested. The police do not have to warn suspects not to make voluntary statements, as long as they do not deliberately try to elicit those statements through statements or conduct. Sometimes, suspects will express their surprise at being caught by the police, with statements to the effect of, "You got me." At other times, suspects will try to justify their actions to the police after they are arrested, with statements such as, "I don't know why I did it," or, "The drugs weren't mine - I was carrying them for a friend." Those statements, if made spontaneously by a suspect, will almost always be admissible in court. Additionally, if a statement leads to the discovery of other evidence, even if the statement itself was taken in violation of the Miranda ruling the police may be able to use that evidence.

You definitely need to show up in court. Missing that will only get you into more trouble.

Answer 2

No, it wasn't assault. You were taking property that belonged to Target and he probably grabbed you firmly to make sure you didn't take off running.

Police do not always have to read people their Miranda Rights. That is only necessary when you're questioning someone in a custodial setting, to ascertain if the person is involved in a crime. You were probably seen stealing the keychain, and the store security guy is the witness. No need to ask you about it, because the security office will provide the proof.

If you are a juvenile, the police report will be sent to Juvenile Probation in your area. If you're an adult, it'll go straight to the DA's office.

Answer 3

I saw one answer in here that will most definately get some people in trouble if something isn't said. Concealing merchandise while still inside the store is considered to be prima facie evidence of shoplifting and you will still be arrested and charged if caught. The loss prevention agents are store employees and can use physical force to prevent a thief from getting away. Miranda warnings are only required prior to custodial interrogations. The loss prevention agent is not an officer, so he couldn't violate your Fifth Amendment rights, and the officer is making a probable cause arrest based on the merchant's evidence, so, no, you weren't required to be Mirandized.

Answer 4

No that is not assault. You were on their property and they have the right to stop you (though exact details vary by state). As far as miranda rights, they only have to 'mirandize' you if they are questioning you. If all they did was take a report from the store detective, there is no need for miranda rights. Plus, ask a cop, they will avoid reading you your rights whenever possible, makes it easier for them to get stuff outta you. You still definitely have to go to court. If you don't you can look forward to a warrant for your arrest. Why the hell would you steal a keychain?

Answer 5

In court you'll have a few choices. 1) plead not guilty, 2) plead no contest, pay a lower fine or community service if your broke, with probation, and your done. If caught again you could face jail time.
If you pleaded "not guilty", You can request either a bench trial (judge makes the decision), or a jury trial (a jury makes it). Then the judge will offer for you to have a free lawyer through the public defender's office if your low income (but they're usually new attorneys without much experience), get your own attorney (pay alot of money), or defend yourself. If you want to defend your self, you better know what your doing, and request a jury trial, because if you pick bench trial your screwed already. If you lose the case, you will end up paying higher penalties, and possibly go to jail for a few days. So...if your guilty, do yourself a favor, and just plead no contest, and pay the fines.

Answer 6

The security guards that work for Target are not cops. They are hired by Target, and are employees just like everyone else there. If they were wearing "badges", then that's just part of their uniform (just the the cashier's red shirt).

As far as them grabbing you outside:
As long as you're on Target's property, they (as a business) have a right to detain you if they 'reasonably suspect' that you stole property from them.

And as far as them not reading you your Miranda rights, they don't have to. Again, they work for target and are not cops. They are not bound by our constitution, just by Target's rules.

[If it's legal advice you are seeking, consult a local liscenced professional.]

Answer 7

wow a keychain eh? no mercy at target. damn i would have just got my merch back and took your info and told you never to come back. i don't know target policy cause i work somewhere else, but we can physically detain, although we are forced by policy to identify ourselves first. but again i do not work for target so we are different.
cops don't need to mirandize you if they do not want to ask questions. which for shoplifting cases, they usually don't have to. store loss prevention does not stop unless 100% sure.

are you sure you did not steal anything else?

Answer 8

Since your parents didn't teach you, stealing is wrong. If you were charged, you will have to go to court. If this is your first dumb offense you will get probation. You should learn a lesson from this instead of trying to pretend that the store wronged you.

Answer 9

You stole, just be responsible. Instead of trying to find your way around this, just admit you're wrong, and learn from it.

Answer 10

You might be able to get your case dismissed because your shoplifting was discovered through, unjust means on the officer's part but I suggest you get a lawery to make your case or the DA is going towork you over BIG TIME!