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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 37842
Experience:  16 years practicing criminal defense.
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Accused of Shoplifting at Macy's. I was detained by loss

Customer Question

Accused of Shoplifting at Macy's.
I was detained by loss prevention at Macy's and taken into the loss prevention office and handcuffed to a wall. The agent then looked through my bags and said that the local police would be called and I would be taken into custody when they arrived. But as it was close to closing time and after an hour of waiting for the police go come, the agent told me I had to sign some trespassing documents as I will be banned for the entire chain for two years and gave me an envelope with a civil demand of nearly $400. He also said that the store may press charges and prosecute, that I would be notified by a constable coming to my house and serving me.
Do I have to worry about the police coming to my house and arresting me? The amount of merchandise was over $500. However I was never read my rights or told that I had been arrested. Can what I said when the agent was questioning me be held against me in court? Will I now have a criminal record?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
To clarify: I was let go and escorted out of the store when they closed because the police had not yet arrived. Will I still be prosecuted?
Expert:  Barrister replied 1 year ago.

Do I have to worry about the police coming to my house and arresting me?

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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.

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The amount of merchandise was over $500. However I was never read my rights or told that I had been arrested.

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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.

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Can what I said when the agent was questioning me be held against me in court?

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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.

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Will I now have a criminal record?

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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.

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thanks

Barrister

Customer: replied 1 year ago.
If they do file a criminal complaint, could I be charged with a felony as the amount of merchandise was over $500?
Expert:  Barrister replied 1 year ago.

I would need to know what state this is in to know for sure..

Customer: replied 1 year ago.
Texas
Expert:  Barrister replied 1 year ago.

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..

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thanks

Barrister

Customer: replied 1 year ago.
What is the likely hood that my lawyer could get any charged dismissed?
Expert:  Barrister replied 1 year ago.

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..

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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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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister