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My grandaughter was arrested for shoplifting. She had paid for the merchandise and showed the receipt to the arresting officer and the store manager. The store manager acused her of tampering with a price tag and said she had intent to steal. She was arrested, handcuffed and taken to the police station, without being read her rights. The police told her she could plead no contest or go to jail for the night. She was afraid of losing her job and did not want to spend the night in jail so she signed. Se was fined $215.00. She did not let anyone know all of this until it was all over. Isn't this the store managers word against hers without the store video. Since she has the receipt, what are her chances of getting this resolved witout any charges?
Optional Information: State/Country of Question: Texas Already Tried: Just talking to the police.
What evidence does the store manager have for making this accusation?
She may have a store video, but so far no one has seen it. She accused my grandaughter of trying to conceal the merchandise. (It was a $4.00 necklace). when my grandaughter offered to empty her purse the store manager told her no, that she was paid to catch people shoplifting and she did not need to see.
So long as your granddaughter has the receipt, then she has more evidence than the store owner. She needs to make sure that she keeps this receipt. Something that is required for theft is something that is actually stolen, and if it is not stolen, then there is no evidence and the state cannot make out even an initial case for theft. Your granddaughter, if she truly is innocent, can (and should) withdraw her no contest plea and plead innocent. The differences between pleading no contest and guilty are few, and relatively insignificant. She can still be convicted and this can still go on her record. She does not want to have a record (especially if her record is so far clean). If the authorities continue to press the case, your granddaughter should seriously look into hiring an attorney to represent her. This is something that she does not want on her record. It will follow her the rest of her life, and can and will be seen by potential employers, schools, companies wishing to lend credit, etc... So she should do everything that she can to fight these charges.I hope this information helps. Good luck to you and your granddaughter!
The police told her that if a price tag was tampered with that it was the same as stealing. Anyway they scared her badly enough.
What about the policeman handcuffing her and not giving her the Miranda rights. She also has a witness for that.
The business has to prove that it was her that tampered with the price tag. Given, if the tag is tampered with in the first place, then it kinda of points at her by default, but without video evidence showing this, then it would be difficult to show. In terms of Miranda, that is not going to make an arrest invalid. All Miranda rights to is tell a person of their rights once arrested. A person has the right to remain silent and the right to an attorney. Anything that she said cannot be used against her at court. But her arrest is not invalid merely because the rights were not read. Depending on the crime, this can actually happen quite often. Ultimately it would be very wise to consult a criminal attorney in her area. Believe me, to keep a criminal record clean is worth spending the money needed for an attorney. Again, I hope this helps. Good luck to you and your granddaughter.
Experience: Licensed Texas General Practice Attorney