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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23149
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a case where a cashier willingly kept my product

Customer Question

I have a case where a cashier willingly kept my product after I already paid for it just because she didnt like my receipt signature. She didnt take the time to compare the signature and the total amount was under $50.00 (it was a dollars, $1.07 to be exact). I attempted to grab my item from behind the counter and that resulted in the cashier grabbing me and another cashier doing the same. They pulled on me and hit me while I raised my hands and yelled stop (I am behind the register at this point from the women pulling on me and hitting me). I began to push the cashiers off of me and exit the store to go complain to the store manager across the parking lot (I used to work at this place so I am pretty familiar with the employees, even the owner and I had a really good rapport before I left.) I told the manager and she advised me to not return to the store. Shockingly, I cursed her out (just being honest) and drove off....4 months later I am notified I have a warrant for my arrest for Assault - Bodily Injury. Do I have a chance in fighting this? For some reason I think I do because the cashier took my product after my payment was confirmed and went through, that's stealing at that point, right? I dont know. This is my first offense and I have no idea what to do. Any good advice?
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.


You need to get a lawyer to fight this case, but in my experience the facts of this case are pretty favorable. The store employees knew who you were. They gave you an unreasonably hard time for no valid reason, and although you may have pushed some employees off of you, they were pulling on you and hitting you first. That's arguably self-defense.

This is a misdemeanor charge which is apt to be reduced if there are no injuries to the complainant. And no, this will not be your trial date. If you can afford a lawyer, have him with you at your arraignment and he'll speak to the DA, look at the court papers and give you an idea of the strengths and weaknesses of the state's case so that you can determine whether to have him negotiate a disposition that can get you out of this without a criminal record, or whether you want to fight the case, all the way to trial if necessary.

If you can't afford an attorney, plead not guilty when you are arraigned and then let the judge know that you are without the funds to hire and attorney and ask him to appoint you a free lawyer.

Customer: replied 6 months ago.
Could I send you the case file?
Expert:  Zoey_ JD replied 6 months ago.

No. JustAnswer is not a law firm and the site rules do not allow us to engage in actual representation of customers. We can give general legal information only and can't be retained here.