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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15919
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have received a ordinance violation charged of assault and

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I have received a ordinance violation charged of assault and shoplifting. It is in Missouri and I live in Arkansas. I am 50 years old (female) and have never ever been in trouble. I was in Target and was heading to the bathroom because i had diarrhea through the day. When a young man came running behind me and gab my arm then blocked the bathroom door. He was wearing a black sweatshirt and did not identify himself he just started saying I needed to come with hime to the office they had me taking something not sure what he siad itis on the cameras. I told him I really need to go to the bathroom badly. He said I could not and I needed to go with him again saying I'm on camera he was very loud and very in my face. He still didn't identify himnself. He said he would call the police if I went into the bathroom. I said go ahead and call the police. At this time I started going in my pants. I had to force myself in the bathroom because he was pushing me back with his body and blocking me. So when I finally got into the bathroom he was calling the police. At this time I had gone mostly in my pants. I was more embarrassed at time with missing in my pants then anything he had to say to me. When I came out I was mad and embarrassed I told him he made me poop my pants and I was leaving. He said you are not leaving he said again loudly we have you on the cameras. He said it was two items, I know I had put them on one of the end caps in the store. I told him look on the end shelve, He said you are not leaving, He then for the first time unzipped his sweatshirt and I saw he had a red target shirt on. He tried to detain me in the store by blocking and pushing me back with his body. I went around him and went through the middle doors for carts. He chased me. I just wanted to get away from him and get the poop from the diarrhea off me. I do have a problem with diarrhea on me it was making me freak out. He was talking to the police and giving them my car plate license. This was on 1/14/12 and I have to appear in Municipal Court on April 18th. I am not sure what to do, I have call a Lawyer in Missouri at the time it had happen. And I have called them again but it is Saturday. My question is I work at a bank and I am scared what will heppen next. Will my employer know about the charges? I can't tell my husband he is working in afghanistan.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello Jacustomer,

I'm sorry to hear about this most embarassing incident. I'm assuming that they are going to try to charge you witih shoplifting the two caps. When you reach your attorney and start talking to him, make sure and let him know that you work for a bank and can't afford to come out of this with a criminal record.

If all they do is charge you with the theft, characteristically, if the value of the goods are low enough, they willl grant you the opportunity for a diversion dispostion or a deferred adjudication. These are a special form of probation -- many times, unsupervised -- where once you successfully complete the conditions you are required to do (fines, court costs, anti-theft class, some community service), the charges against you will be dismissed and you can say that you have no criminal convictions on your record.

Missouri does not afford a defendant an opportunity to expunge a conviction, so you should see what your laywer feels is the best course for you after he's had the opportunity to look over the court file and confer with the prosecutor. I do not see this as the kind of offense for which anyone need call your employer, at least not if this is the only charge you will have to face.

Good luck!
Customer: replied 2 years ago.

What would be the assault charges if the young man was trying to detain me in the store by blocking and pushing back with his body.?

 

Expert:  Zoey_ JD replied 2 years ago.
Hi,

The assault against you appears to be an assault in the third degree which would be an A misdemeanor. You can see what the state would have to prove against you here. If he were an officer, it would be a more serious offense, but it's not.

Basically if you don't get the deal you want the case appears triable on what little I see here.Your position would likely be that you committed no theft or assault you were only trying to dash into the ladies room to relieve yourself before you soiled yourself. I imagine that even the store employee who detained you would testify that you were struggling to get into the bathroom your unfortunate accident. But I leave that to you and your lawyer.



Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15919
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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