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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27481
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My brother just got back from being arrested by my old police agency -scheme $100

Customer Question

My brother just got back from being arrested by my old police agency for Theft-scheme $1000-10,000 against Gamestop. He said they claimed to have a written confession by him, which he denies. They claim he gave over $2000 in unauthorized cash/gift card refunds.
He admitted to stealing a miniature figurine worth $10 when he was caught on camera. He had a previous charge for theft under $100 at a local Walmart.
This time, he claims that everyone in the store knows his username and password ***** the register and that someone else had to have done it. Unfortunately, I don't believe the story and he didn't want me to talk to the arresting officer.
He wants to know what to do.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
"What should he do?" is a much too general question, to which I can only respond, "If he didn't do this, he needs to retain a criminal lawyer and fight the case."
Your brother is charged with a serious offense that has a maximum possible penalty of 10 years of prison and/or a $15,000 fine. This is his maximum risk if convicted and, of course, he'd be expected to make restitution to the company he defrauded.
Typically, if a defendant charged with a theft offense has no prior felony record, he would generally be given the opportunity to take a deal involving probation, but your brother has a history of theft, and the prosecuotr may be less generous than that.
I'm not sure what your brother wants to know. General questions get general answers. He needs to show up in court with a lawyer, plead not guilty and fight the case. If he can't afford a lawyer, he can plead not guilty and ask the judge to appoint him a public defender.
If he had something more specific in mind when he had you ask this question for him, use the reply tab below to tell me what that is, and I will be happy to expand my answer.