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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23563
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Popeye's Chicken in slidell LA falsely accused me of giving

Customer Question

Popeye's Chicken in slidell LA falsely accused me of giving them counterfeit. Do I have a case?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Did they have you arrested and charged with a crime? If not, what damages did you sustained as a result of this incident?

Customer: replied 1 year ago.
Before I ordered my food ,I had $180.. After I ordered the food the total was $30 and some change. I gave them 3 tens and a $1. Then they had me pull up and wait... The officer pulled up ,got me out of my vehicle ,put me in cuffs and put me da back of the cruiser. He told me they said" He gave us 4 tens and 3 of them were good and 1 was fake. But how is that when I only gave them 3tens. And no I wasn't charged.
Expert:  Zoey_ JD replied 1 year ago.

Thank you for the quick reply. What happened with the police? That is, how did this incident end? Is it all over with us or are you still a suspect?

Customer: replied 1 year ago.
I mean the officer took my information down. So I would say I'm suspect. But what if I would have went to jail? I'd be locked up for something I didn't do.... I think I have a case Ms. Zoey..... They basically tried to put that charge on me..... Remember I gave them 3 tens and a $1. They LIED ,TOLD THE OFFICER I gave them 4tens.... Do you see where I'm coming from
Expert:  Zoey_ JD replied 1 year ago.

Sorry for the delay. I left my computer to go get some lunch.

I see where you're coming from, but it doesn't rise to the level of a case. Many people lie and many incidents in life are embarrassing to us. You were detained but never prosecuted, and I don't see any civil damages. When you sue, there have to be damages. That is, you there have to be economic losses or physical injury sustained as a direct result of the defendant's conduct. You can complain to Popeye and demand an apology and that the employee who called the police on you be fired. But you don't have a suit. If you HAD gone to jail, and if you did have to hire counsel and lose days from work to fight a criminal case without merit before it ultimately was dismissed, THEN you would have the basis for a suit for malicious prosecution/false arrest. But those are not your facts.

You can speak to the police and let them know that you want the employee charged with filing a false police report. But for the state to convict the employee, the DA would have to prove beyond a reasonable doubt that the employee knew when he or she filed that report that he was lying to the police. If it was just a mistake as to who actually passed that bogus $10 bill, the DA couldn't win it. If the state doesn't think it could prove the intent to defraud, they will not take on this case.