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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
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Experience:  I provide general practice and mediation & arbitration services to my clients.
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I was on Vacation at a South Jersey shore motel, stayed Monday-Wednesday

Customer Question

I was on Vacation at a South Jersey shore motel, stayed Monday-Wednesday afternoon. i had my own room, other family members that were there were in other rooms. When I checked out of the motel on wednesday, I locked the door and turned the key in to the front desk. On thursday am, a clerk at the motel called my cell and informed me that the TV in the room I was staying in was missing. the clerk said they just charged my credit card $450 for the TV and filed a police report. I informed the clerk that I did not take the TV and that I have witness that saw me load my car. I called the police station and talked to the detective that was called to the case and he informed me that if I do not accept the charges for the TV--I will be charged with theft. What makes matters worse is that the police want me to come back to the shore on Monday Sept. 6th a fill out a statment. My lawyer is away till Tuesday Sept 7th. What should I do?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 3 years ago.

Thank you for your question. I am a New Jersey licensed expert.

I will do my best to assist you with your issue. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com as well as various state bar associations from giving specific legal advice, provide representation, or enter into an attorney-client relationship through this open and non-confidential forum. Do you understand and agree to these provisions as well as JustAnswer.com's disclaimer?

Sincerely,


Dimitry Alexander Kaplun, Esq.

Customer: replied 3 years ago.
Yes I understand
Expert:  Dimitry Esquire replied 3 years ago.
Thank you for your follow-up.

The first thing you must do is contact the police department, state that you are unable to visit because your attorney is away, and that you will be happy to come but on the 7th or later. Provide them with personal information and state that since you have a right to appear with an attorney, they cannot force you to appear alone. Ensure that you are willing to come in and make a statement, but you want your attorney present. Provide the police department with the information on your attorney and his law office--that should be sufficient, as this is a fairly low grade offense and one where the chance of running is very low. Also inform the police that you prefer that they contact the attorney directly, rather than you directly.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 9/3/2010 at 5:41 PM EST
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 36753
Experience: I provide general practice and mediation & arbitration services to my clients.
Dimitry Esquire and 5 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Dimitry,

Thank you so much, one last question--How can you be charged with theft with no proof. I have family members who saw me pack my car.

Expert:  Dimitry Esquire replied 3 years ago.
You are most welcome!

Actually you can be charged with theft even without proof--the proof here is that since you were the lawful tenant of the premises, anything missing becomes your responsibility. In other words since you signed up for the property, anything broken, missing, or lost is by default your fault unless you can prove that someone else was liable and responsible for the act. The owner of the unit does not have to prove that you took it--all he has to prove is that the item was taken while under your care--as the caretaker, you become civilly liable to replace the item, and if you fail to replace it, you can then be criminally charged for the theft of the item itself.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 9/3/2010 at 5:54 PM EST

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