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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I went into a Best Buy to buy my daughter a Wee game and accessories...I

Customer Question

I went into a Best Buy to buy my daughter a Wee game and accessories...I did.  However, I was returning a device that would not fit her dvd player and was looking to see if they had one that would fit.  I thought I brought both my items in but apparently only brought the one in.  As I was walking out the door, the security stopped me and told me that I was stealing a 28.99 item out of their store because I thought it was the one I brought in.  I told the guy I'm sorry I thought it was the one on my receipt and he got very hostile and called the police anyway, i told him I was going to my car that I bought the wee game and this was redicioulious, I had my one year old son with me.  The police came and ecorted me into a room and thats when the security told them that I tried to run and tried to steal this item...I never left the store with this item and I never consealed this item.  Now I have to go be booked and go to court.  I have two children that rely on me, what will my outcome be?
Submitted: 5 years ago.
Category: Legal
Expert:  LegalKnowledge replied 5 years ago.
If you are a first time offender, the penalty should not be harsh. You can ask the court to participate in a pre-trial diversion program, which usually involves a probationary sentence, community service and a fine. If you comply with all the terms and conditions, there is a good chance the charge will be dismissed. If you have a prior criminal history of theft, you may not be eligible for this program and may have to take a plea on the case. However, you may very well have legal defenses. Best Buy has video cameras all over the store. Your actions can be viewed and you could argue you never had the intent to steal the item because you never left the store. Moreover, you didn't conceal the item. Thus, this was a mistake. If you cant hire a private attorney, you can ask if the court will appoint the services of the public defender. This is a free attorney, who can help you fight this case. You should not plea to something, you did not do.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15968
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 17 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

I do unfornutaley have a history of writing bad checks while I was in college, I did have quite a few warrants against me and was on probabion for a couple years. I have grown up since then and have not got into any trouble. I have gotten married with two wonderful children and a great job. I wonder they will even set a bond for me when I go in there for them to book me. I have to go on oct 7th to be booked and I'm afraid they will not let me book out and come home. Is it possibe they will keep me there since I don have priors against me. Please keep in mind that all was misdameaners and no felonys. I'm just afaid I won't be able to book out to come home to my childeren. I do apolgize for the long response but I feel I have no one else to turn to at this time.

 

thanks,

Hollie

Expert:  LegalKnowledge replied 5 years ago.
Unless you have ACTIVE warrants and a history of failing to appear in court where the Judge finds you are a flight risk, you will be entitled to a bond, based upon the US Constitution.. Based upon the crime, you may be even ROR, where you do not need to post any money, just promise to appear.

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