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?
State/Country relating to question: United States
Haven't done anything yet. It just hapened
Thank you for your question today. I appreciate your patience while I responded to you. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.
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!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).