Me and my buddy were at the mall and I forgot to pay for a belt buckle and it was clearly shown in the shopping cart we got from Macy's. We were at Sears, and a hidden guy approached us and took us to this room were we waited and they asked us for our story. I said that we were in a hurry, and I didn't realize that I forgot to pay for it. It was in clear sight all this time and it really wouldn't make sense if we were in fact trying to steal it because we made no efforts to. Though, they made us sign this thing admitting to it and banned us from the store. My buddy has a court date and I was wondering if we could fight this or something of that nature. Because it was a clear accident though the people who watched the camera footage said our story didn't match the camera footage.
2007-10-29 16:55:44 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
As I understand it, you say the belt buckle was in the shopping cart with other items that you paid for at the checkstand. Do I understand you correctly?
You must ask your attorney to get a copy of the footage from the security camera. By law they are required to give it to you.
The prosecutor can be prosecuted himself if he fails to give it to you.
In Santa Clara County where I live, we have a prosecution of a former Deputy District Attorney who failed to give the defense some exculpatory evidence that the Deputy District Attorney knew about.
That former Deputy District Attorney is facing both criminal charges and disbarment proceedings.
It sounds to me like the clerk forgot to take that item out of the shopping cart to charge you for it if I understand you correctly.
That does not sound like theft to me, if you presented that item to the clerk and the clerk neglected to ring it up and charge you for it.
If this is true, you definitely must hire an attorney and fight this.
Demand a jury trial.
Juries will be much more sympathetic than a harried judge who probably plays golf with the District Attorney several times a week.
Your reputation is far too important to let it be tarnished for a crime that you did not commit.
Even if you did not pay for that belt buckle, if you presented it to the clerk and the clerk neglected to ring it up and charge you for it that is not theft on your part, no matter what you signed.
It sounds to me like you are saying that you signed the statement under duress if they made you sign it.
A confession made under duress is not a confesseion.
It would be better if you had not signed it, however the matter of duress should invalidate that confession. A good Attorney will make that case for you.
In fact given the circumstances of that confession, the District Attorney could be subject to disciplinary proceedins if he tried to use that paer you signed as evidence against you, because it was signed under duress and the District Attorney should know that it is not a valid confession.
Your confession is not like the Larry Craig confession. Larry Craig was not under any duress. Larry Craig made his confession in open court to a judge.
The paper that you signed is eveidence that possibly can be used against you, however a good attorney can show the duress that you were under to a jury and that should negate the effect of that paper as a confession.
If what you say is true, I would also sue the store for false arrest and false imprisonment.
I wish you great success.
Although I have no sympathy for criminals, I think that it is critically important that we not convict innocent people of crimes.
In Santa Clara County, where I live, the former District Attorney, George Kennedy had a win at all costs menatlity in the District Attorney's Office.
The local paper, The San Jose Mercury News, did a story on a number of cases in Santa Clara County where innocent people had been tried and convicted and sent to prison for years for crimes that they did not commit.
The County has paid millions of dollars in damages to those people that were wrongly convicted.
George Kennedy was recently replaced with a new District Attorney, Dolores Carr who has made it a commitment to do away with the win at all costs atmosphere of the District Attorney's Office.
I am also reminded of the case of the former District Attorney, Michael Nifong who falsely prosecuted three players on the Duke LaCrosse team for rape because a woman falsely accused them of raping her.
Michael Nifong is being criminally prosecuted himself for that false prosecution that he committed, and is in the process of being disbarred.
It is very important that if you are accused of a crime that you did not commit, that you hire a very good criminal defense attorney immediately and fight the charges with every bit of determination that you have, and then some.
.
2007-10-29 17:38:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Are you over 18, if you are signing the form looks really bad, all you can do is tell your story and throw yourself at the mercy of the court. Your situation calls for mitigating factors... which means that you should tell the judge what happened and hope that he takes the situation into consideration. Technically it is theft either way... you walked out with it. I am not a lawyer, and this is just my opinion
2007-10-29 17:01:29 · answer #2 · answered by scorch_22 6 · 0⤊ 0⤋
you still may be able to fight it in court, the prosecution is going to have to show that you had an intent to deprive the store of its mechandise when you left the store. if you truly did not intend to steal it, you did not break the law. you're going to need a lawyer for this, the signed statement may be admissible, but like all evidence in court, you'll have the chance to attack it. now getting a judge to believe you may be difficult however.
2007-10-29 17:16:52 · answer #3 · answered by Damien T 3 · 0⤊ 0⤋
Generally, you cannot be convicted of a crime unless there is proof of intent to commit the act.
What you signed may be a problem in court, if it is an admission of intent.
2007-10-29 19:34:16 · answer #4 · answered by raichasays 7 · 0⤊ 0⤋
did you pay for the slacks that are currently in flames. and can a proboscis actually become the length of a fiber optic cable
2007-10-30 01:20:12 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You could have fought it but now that you have signed the confession you have admitted guilt and it's over.
2007-10-29 17:24:49 · answer #6 · answered by Josh 6 · 0⤊ 0⤋
If you feel you didn't do it, then plead not guilty.
I will say, though that a signed statement admitting guilt will be harder to fight...
2007-10-29 16:59:48 · answer #7 · answered by Citicop 7 · 0⤊ 0⤋
fight it. also state your reasons/proof as to why you wouldnt steal the buckle.plus it depends on ho wmuch the buckle was worth tooo
2007-10-29 16:59:35 · answer #8 · answered by Mars 3 · 0⤊ 0⤋
You shouldn't have signed the form, that is admissible in court.
2007-10-29 16:58:37 · answer #9 · answered by chikichow 1 · 1⤊ 0⤋
You shouldn't have signed anything! They cant MAKE you sign anything.
You can still argue it in court, though.
Good luck
2007-10-29 16:59:03 · answer #10 · answered by catwomanmeeeeow 6 · 1⤊ 0⤋