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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16265
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My last question on here is 2 lawyers answered a bit differently

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My last question on here is
2 lawyers answered a bit differently one says the store is out of the process one says the store can come back our lawyer says the DA could still be gathering evidence not likely but could be the store still has the stuff in the back according to another employee could Target be gathering or waiting for corperate lawyer to compile the DA dropped charges but left this open for a year wouldnt he just arraign him and continue the process if they were going to pursue or gather more evidence and shouldnt the store be out of this process by now ? A bit concerned anout why the store would keep the stuff and how far they can go since DA has dropped this for now our lawyer says DA can re open without telling him? He us 75% sue it is over
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hello,

It's not possible for anyone to read the minds of Target's management.

However, the property involved is the evidence of the crime and must be kept until the case is over. So the store is keeping separate in case it's needed.

I find it interesting though that the store has it and that the police don't, because in order to use it against your son they would have to establish an unbroken chain of custody at trial. So if it's right out where anyone could have access to it, it could be challenged and found inadmissible at trial.

You are over-worrying, and you should stop.
Customer: replied 3 years ago.
So your answer stands the store cant do anything about it and the DA is saeguarding in case he were to get into trouble again
You said pretty much zero chance of further action if my son stays out of trouble
And quit worrying for nothing i will stop fretting and looking for trouble that is not there
Expert:  Zoey_ JD replied 3 years ago.

Good Morning,

 

Yes, my answer stands.

 

Of course the DA has the power to bring these charges back, but the DA is supposed to deal in good faith, and if the picture as to your son doesn't change, there's no reason for them to reopen it.

 

In my experience, I have seen a DA reopen a case that has been conditionally closed:

- when the defendant continues to commit offenses against the complainant

- when the defendant gets rearrested for a similar offense

- if the complainant is supposed to be repaying the victim and stops making his court mandated payments or if the amount of payments have to be adjusted

 

I think it's more likely than not that no further criminal proceedings are going to happen here. If your son's lawyer is already talking about expungement and restoration of rights, that's his take on it too.

 

It's real easy to drive yourself totally crazy with "what ifs" but that really won't do him or you any good. Keep him out of Target. Keep him out of trouble, and don't over-worry about the case.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16265
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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