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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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Can old shoplifting charges be brought again in future after

Resolved Question:

Can old shoplifting charges be brought again in future after first trial.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 4 years ago.
-Could you explain your situation a little more?
What happened in the first trial?
Customer: replied 4 years ago.
Hi Dave .. It is a case scenario .. Lets say first trial nothing happens ..some kind of deal .. where convicted pays the fine ..and pleads not guilty ... in that case ...can same store can bring up the older cases caught on CC Tv to try the person again ?
Customer: replied 4 years ago.

1. What are the chances that LP will review CC tapes from the past one year to catch this guy?
2. With CC records can they call police and give them all details and cops can arrest him?
3. If they catch him for one (latest) shoplifting and charge him with it. Will LP stop here or will they search for other CCs from the past one year? 4. If other cases come up from CC cameras, then is this considered a major felony due to multiple times shoplifting?
5. How long back videos will LP typically review CC videos? days old/weeks/months/years?
6. If he is punished once (misdeavor), considering it as a first time shoplifting then at a later date if they review other past CC videos and comes to know that he did many price tags swap.............then how will the LP proceed? and how will court will proceed?
Expert:  Dave Kennett replied 4 years ago.
I cannot deal in hypotheticals where the facts keep changing as to "what if" this or "what if" that. No one can be charged twice for the same crime once it has been resolved. That falls into the "double jeopardy" protection of the Constitution. So if a person was charged with theft for a specific item then that cannot be charged a second time. If there are other, separate instances that indicate different thefts then charges can be filed in those cases. Most police departments will not keep charging the same person for various past crimes once the first case is resolved. If there are new crimes committed that is different but the prosecutor will not keep going back for more if the store does not provide all the evidence up front.
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Customer: replied 4 years ago.
Sorry ... What I was trying to say is ... lets say shoplifting takes places twice in the same store and on the second incidence they catch and press criminal charges and things get resolved with non guilty (some kind of deal) or may be guilty ..

Then can store bring back past incidence ?
Customer: replied 4 years ago.
Are you still there ?
Expert:  Dave Kennett replied 4 years ago.
If they are totally separate they could but as I said above, I seriously doubt the prosecutor will allow a "second bite at the apple" if the other incident occurred before the charges were filed in the first case. The prosecutor would assume the store had the tapes and knew of the situation so I doubt the charges would be accepted. Technically it is a separate crime and charges could be filed but practically speaking I doubt it.
Dave Kennett and other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks a lot Dave. Can you please also answer in short the 6 points I made in previous questions. That will be a great help
Customer: replied 4 years ago.
I have another question about the finger printing .. if you get a notice for finger printing and photograph .. can Attorney revert back the order ? And how feasible is that if the person is out of country.

I will highly appreciate if you can please tell the sequence of events in such cases for Pennsylvania. I meant to ask .. how it works .. once you are caught .. then in how many days you get a notice in mail for finger printing ? and how long it can take in worst case (like a year ?) and whether they charged for summary offence of misdemeanor .. is decided after fingerprinting .. or it is said in the paper that comes for fingerprinting
Expert:  Dave Kennett replied 4 years ago.

I'm not sure what you are talking about?

Are you saying you were arrested but not fingerprinted and then asked to come in?

Is there a warrant for your arrest?

Why would you have to go for fingerprinting if you were not arrested?

I also have no idea what you mean by "revert back the order"?

Customer: replied 4 years ago.
Sorry .. I will express my self more clearly here ...

There was no arrest .. Cop was called .. he said .. there is no previous history and he did not tried to be physical .. so there is no case . and cop left ... after that shopping mall guy said that he will press criminal charges and said that a letter will be mailed with subpoena and will have to go for fingerprinting ..

Did I make myself clear ? Please let me know if I have not.

So, what I was trying to ask - sequence of events ? First a letter will come and I will have to go for finger printing or first court date will come and my attorney can represent me etc.
Expert:  Dave Kennett replied 4 years ago.
You do not have to go for fingerprinting unless you are arrested and I certainly would never go to a police station without an attorney. You should never, ever talk to the cops or anyone but an attorney in these situation. If anyone calls just refuse to talk and if the police ask you to come in simply tell them you are not going to do anything or say anything without first being represented. You have no obligation to talk to anyone and everything you say will be used against you and nothing you say will help you. If you are arrested they can get your fingerprints but you should always remain silent and ask for an attorney. Every defense lawyer in America will tell you the same thing.
Dave Kennett and other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Ok. Thanks a ton. Then even I am not sure what that Loss Protection guy meant when he said that I will have to go for finger printing as he is pressing criminal charges.

Just last couple of questions:

Can previous accounts of shoplifting can be brought together to make it as "felony" or misdemeanor. Or as it is the first time .. so it has to be summary offence..

With no prior criminal record how bad a misdemeanor or felony can be ?

How long it may take to get any paper in mail. (As he said that a subpoena will be sent in mail.)