Criminal Law Questions? Ask a Criminal Lawyer.
Do I have to worry about the police coming to my house and arresting me?
No, this is not something that they would come arrest you for. They would send you a criminal summons to come to court if the store filed a criminal complaint.
The amount of merchandise was over $500. However I was never read my rights or told that I had been arrested.
You were not arrested, only the police or law enforcement can arrest you. You were detained waiting for the police to come and arrest you.
Can what I said when the agent was questioning me be held against me in court?
Yes, you were not arrested and therefore the loss prevention doesn't have to read you your Miranda rights since they are not law enforcement before asking you questions.
Will I now have a criminal record?
Only if they file a criminal complaint and you are formally charged with a criminal offense and either plead guilty or are found guilty at trial.
I would need to know what state this is in to know for sure..
Ok, in TX if the amount is between $500 and $1,500 then it is a Class A misdemeanor and the penalty is up to one year in jail and a $4,000 fine..
There is no possible way for me to answer that because I have no idea what evidence that they have against you. They might have crystal clear video of you doing something illegal that makes your case a slam dunk. Or they might not have video at all and an employee just saw you do something that they thought was odd. But they might have the testimony of any loss prevention employee and any merchandise that was found with you that was not paid for.. Or that person could have gotten fired and moved away by the time any trial happened..
So there is just no way to know without being there on site to review any evidence and interview any witnesses.
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