Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I was accused of shoplifting at Macys and taken to a back

Customer Question
I was accused of shoplifting...
I was accused of shoplifting at Macy's and taken to a back room where store detectives attempted to make me confess to shoplifting. I would not confess to something I did not do. I asked to see the video tape that they claimed proved their accusations. I could not see any proof of me changing price tags from regular to clearance prices. They treathened and scared me for over an hour and then called the metro police, who continued to threatened and scare me. He said I made him mad so he was going to take me to jail. That if I had only confessed he could have just let me go. He continued to harrass, threaten, and scare me, forcing me to cry and beg not to be taken to jail. He asked if I wanted the handcuffs in front or in back, etc. He gave me a citation rather than arresting me. He entered my ethnic origin as non-hispanic, but I am hispanic. I paid for a number of items including jewelry and was ready to leave the store. The items were not in my possession, I was to pick them up on the following Thursday, according to the pre-sale rules. They claimed that I paid $163.58, but that the items were worth $732. I do not believe that that is accurate information, but they would not show me their calculations, nor tell me their names, nor would they let me speak. They said that my speaking (in my defense) was being uncooperative. I was not screaming, I was very speaking in a normal tone of voice even though I was extremely upset for being falsely accused, threatened, and bullied. I am a 67 year-old retired university professor. I also do extensive charitable work in the community. I have been very ill for the past two years. I have serveral autoimmune diseases, including rheumatoid arthritis. I have broken scoliotic back, broken pelvis, broken foot with a torn tendon, and had only left the house for a short while to shop for a birthday present for a friend. I have never been arrested nor accused of a crime in my entire life. On the citation, there is no indication of an arrest. The officer verbally that instead of arresting me he was giving me a citation. I am not sure what that means? He wrote on the citation that he was not a witness to the offense. He also indicated that this was not prepayable and that I had to appear in court on March 6th at 9:00 a.m. I do know what to do. I am terrified and even more ill over this than I was before. 1) What do I do? Do I need an attorney and how do I find one that will effectively represent me? 2) What is the worst that could happen? And how likely is it? 3) What is the most likely outcome? 4) Percentage wise how likely is it that I will be put in jail? Thank you so much for your help!
Submitted: 5 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 10 minutes by:
2/20/2012
Criminal Lawyer: Alex J. Esq., Attorney at Law replied 5 years ago
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Hello. My name is XXXXX XXXXX I will be glad to help you.

I am sorry to hear about your unfortunate situation.

What is the description of the offense on your citation?
Ask Your Own Criminal Law Question
Customer reply replied 5 years ago

I was never read my Miranda rights. I was told I wasn't arrested, but just given a citation.

 

The violation code was 23030

ASCF 0

Statute/ord. 514.030

Charges 1

 

Charge 1: TBUT OR DISP SHOPLIFTING

Listed suspect observed by Macy's loss prevention removing and switching tags from multiple jewelry items. And placing items in and on the containers of less expensive and sale items. Making expensive items appear to cost much less. Suspect paid reduced prices for regular priced items. Suspect paid $163.58 for $732. worth of merchandise, depriving Macy's of $568.42 worth of sales. Officer is not a witness to offense.

 

Two store employees listed as witness 1 and witness 2.

 

Store video shows a whole person,but zooming in on my hands as they did, did not show what I was holding. I was removing jewlery from the card to try it on and was having difficulty since I have rheumatoid arthritis in my hands. I suppose that is why they claim that I was yanking price tags off the jewelry. They cannot see something I did not do, but their imaginations are filling in what will support their claims. The items that I chose to purchase all had clearance tags on them and were all on a clearance table (which was a jumble of tangled jewelry, tags, etc.). If things on that table were incorrectly marked, it was not of my doing.

 

I feel I was targeted because I move slowly, as a result of my injuries. Moreover, walk bent over at about a 75 degree angle because of my back. So, my slow jerky movements and odd position caught their attention. And they wrote the script from that point on. Let me know if you need further info.

 

Criminal Lawyer: Alex J. Esq., Attorney at Law replied 5 years ago
Thank you for your follow up.

A theft by taking/shoplifting in the amount of over $500 is a Class D FELONY and carries a penalty of up to 5 years in prison.

It is an extremely serious criminal felony charge.

1) You do need to consult and retain an experienced local criminal defense attorney immediately and have this attorney review your entire case and to represent you throughout the case.

2) While the maximum penalty is up to 5 years in prison, an experienced local criminal defense attorney might be able to get this charge dismissed and in the worst case scenario would be able to negotiate a "plea" deal in which you would be able to plead guilty to a lesser misdemeanor offense which would not carry prison/jail time, but you might have to pay a fine and do probation and/or community service(if your health condition would allow you).

3) It is hard to say what is the most likely outcome, without reviewing all the evidence against you and also without speaking to the prosecutor and ascertaining his/her position. But once again, an experienced local criminal defense attorney should be able to keep you out of jail.

4) As long as this case doesn't go to trial and you are not found guilty at trial, it is unlikely that you would be given any jail time, providing that you do not have any criminal record.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated
Ask Your Own Criminal Law Question
Customer reply replied 5 years ago

Two more questions....

 

1) What are the likely fines for a lesser misdemeanor? And what would that misdemeanor be?

 

2) How much will an attorney likely cost to represent me?

Customer reply replied 5 years ago

If this is considered such a serious felony, why was I not arrested?

 

Is the fact that I have had nothing more than a speeding ticket my entire life, help me?

Criminal Lawyer: Alex J. Esq., Attorney at Law replied 5 years ago
Thank you for your follow up. 1) It would depend on the misdemeanor and the judge' discretion, but generally would be $1,000 or less. 2) Each attorney sets his/hers own rates and fees, so you would need to contact several local criminal defense lawyers and ask them what their fees would be to handle your case. 3) The reason you were not arrested is because it is a non violent crime and the officer had discretion whether to arrest you and book you through jail or issue a criminal citation. But it is a felony charge because of the amount of theft being over $500
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Alex J. Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
16,742 Satisfied Customers
Experience: Experienced Licensed Attorney / Criminal Law Mentor

Alex J. Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Can someone release my criminal records to my employer?
Can someone release my criminal records to my employer? Also, can I sue my ex-girlfirend if she cause me a problem at my job by releasing my old record?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
My Husband has a criminal record of unlawful use of a weapon
My Husband has a criminal record of unlawful use of a weapon and possession. He did three years and was released August 2004. He served his probation and paid all fines. He has had no further criminal… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was convicted of a non- violent theft felony (restitution
Hello. I was convicted of a non- violent theft felony (restitution was $10,000) about 6 years ago in Pennsylvania. I have done everything to distance myself from my past. I'm struggling to find a job … read more
Alex J. Esq.
Alex J. Esq.
Attorney at Law
16,742 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If someone has multiple misdemeanors for theft and driving
If someone has multiple misdemeanors for theft and driving while barred. And is on probationAnd they leave the state Is there a time limit before they can return Or are they a fugitive and will. BE in… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
What is the punishment for a class misdemeanor for theft of
what is the punishment for a class b misdemeanor for theft of lost or mislaid property for first time offender … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I have no criminal record, but recently discovered a
I have no criminal record, but recently discovered a committment order filed 13 years ago and sealed. I had attempted to buy a .22 pistol and was denied by NICS … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
I am currently in the process of getting my criminal record
Hello, I am currently in the process of getting my criminal record expunged (I have a misdemeanor drug charge from 2003). I am using EasyExpunctions.com for the expungement process. Regarding the peti… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can I be prosecuted for exposing my ex's criminal record to
Can I be prosecuted for exposing my ex's criminal record to his HR manager if sent anomously?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been charged with a misdemeanor for retail theft, and
I have been charged with a misdemeanor for retail theft, and when I showed up for my court date, the judge rescheduled my court date and told me to get a lawyer. Should I go with a lawyer or a public … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
I have a criminal record dating back to 1984 in Maine when I
i have a criminal record dating back to 1984 in Maine when I sold a 1/4gram of powdered cocaine to an undercover police officer I met in a bar in Portland. But since we made the actual transaction in … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I would like to find out if my criminal record has been
I would like to find out if my criminal record has been exponged. I want to travel to Canada in august … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
I just found out that my criminal record lists HIGH
I just found out that my criminal record lists HIGH OCCUPANCY VEHICLE LANES - SINGLE OCCUPANT VEHICLE VIOLATION as a MISDEMEANOR. Shouldn't this be listed as a Petty Misdemeanor? … read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
Will child abuse cases show up on a criminal record in
Will child abuse cases show up on a criminal record in Japan? I know they don't have a child abuse registry so was wondering if a criminal record search was conducted, if that type of record will show… read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x