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If you enter a Dillards department store and make a purchase

 
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Customer Question

If you enter a Dillard's department store and make a purchase of 3 items of clothing, and 6 purses from clearance and upon exiting the store, you are stopped by security and asked to come back to their store office, where you are accused of changing the price on 2 of the clothing item's and 2 of the purses. However you deny it,and they call the police, who comes out and makes a report, but does not arrest you or take you to jail, but says he wil have a judge or detective review it, and they will contact you within the next couple of weeks. The store wants you arrested and taken to jail but officer doesn't. what does this mean? Does the store ave a good case? What immediate step should i take?

 

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State/Country relating to question: United States

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Haven't done anything yet. It just hapened

Submitted: 274 days and 14 hours ago.
Category: Criminal Law
Value: $79
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Expert:  RobertJDFL replied 274 days and 14 hours ago.

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It doesn't sound like the store has a good case -- if it had solid proof that you had switched price tags on items, or even good enough Probable Cause that a crime was committed, you can be sure that the police officer would have arrested you, especially since the store wanted them to. It seems like the officer felt there wasn't enough evidence based on what he heard/saw to warrant in their opinion, making an arrest.

What happens now is they will complete their report and pass the file onto the prosecutor's office. It is the prosecutor's office that makes the decision whether or not to charge someone or not - not another detective, and not a judge. The prosecutor will review the report the officer made. They can also request additional information from the store, such as a videotape, if one exists, for them to review. But chances are, if the officer didn't see/hear enough at the store to feel an arrest was justified, their report to the prosecutor's office is going to reflect that as well. That's a good thing for you.

As far as immediate steps you should take -- there really aren't any. As hard as that may be to hear, there's nothing you can do. It's out of your hands at this point. The file will go to prosecutor and that decision what to do can take weeks. That's not necessarily a bad thing either, though. With each day that goes by, the matter gets a little "colder", new cases keep coming in that need attention, witnesses start to forget things, etc. If the prosecutor decides not to do anything with it, then that's the end of it.

One important thing you can do - if you are contacted by anyone in the police department asking you to give a statement or answer questions, refuse. Don't talk to them. It never helps, and almost always hurts an individual to speak with the police, and anything you say can be used against you later. If you don't answer their questions, the file with have to go to a prosecutor for review anyway, and you are better off keeping your mouth shut.






If you would like any additional information or have more questions please don’t hesitate to ask!

 
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