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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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I received a call from a police officer say he wanted to

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I received a call from a police officer say he wanted to talk to me about a shop lifting that he would like me to call him back. I did and he was off duty so I left a message. He said it happened a week ago. What should I do when he calls back?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: New hampshire
JA: Has anything been filed or reported?
Customer: I don't know I haven't talked to the officer yet. But two officers from the town I live in came to my house and said the I needed to call the first officer back. That is when I left a message for him
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know if they can do anything about something that happened a week ago

Thank you for using JustAnswer.

Can you tell me a bit more about the incident that he's wanting to talk to you about? And why do you think that they wouldn't be able to do anything a week later?

Customer: replied 1 month ago.
I don't know any details about this because I have not spoken to him yet. I just want to know what to expect.
Customer: replied 1 month ago.
I don't have that much on my card
Customer: replied 1 month ago.
Hello

Yes, I am here. I had to step away for a second.

So this is something that you would not have any idea about? You don't work at a store, and were not stopped by any loss mitigation officers?

Customer: replied 1 month ago.
No I don't work at a store and I was not stopped by anyone. He didn't give any details on which store or place.

So if you have no reason to worry, I wouldn't worry. If you're innocent, don't worry about it. Any criminal case is going to have to have evidence beyond a reasonable doubt. That's a pretty strong burden of proof. And if you didn't do anything, then they won't have that proof. They have your name for some reason, but it could be a fishing expedition. It could even be a scam. Did you check the phone number against the number for the police department? You might not get a chance until Monday, but Google the police department phone number (don't use the number he gave you) and ask for this officer. See if he's real in the first place. And then ask what he wants (if he is). Again, if you didn't do anything, you don't have anything to worry about. And he knows this. If you're acting like you don't have anything to worry about, he'll pick up on that and realize that you're not culpable of anything.

Now of course you should certainly ask what this is about, and don't admit to anything. You can always say "I don't remember" because you never fully remember. And if something looks like it's going south, plead the 5th amendment. But otherwise, don't worry about it. It doesn't sound like there's anything to be worried about on your part.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Thank you, ***** ***** luck to you!

Customer: replied 1 month ago.
Can camera footage be use even days after even if you didn't get stopped? Can someone say they saw you do it and they can use that days later? Do they need the item that they say you took?
Customer: replied 1 month ago.
If you have been arrested before does that work against you too?

Yes, it can be. Yes, they can use that. Why would they need the item that they said you took? If you took it, they wouldn't have it, right?

They can't use your arrest as proof of guilt, although they can use it as something to prompt their investigation (if this is consistent with past actions and you fit a profile).

Customer: replied 1 month ago.
I was arrested two years ago for shoplifting and paid all the fines and went to counseling.
But i did check him and the police department out and then the two police came to my house also.
I go thrue this town on my way home from work, so what should I do if he wants me to come in to the station?
Customer: replied 1 month ago.
How would he get my phone number

There's no reason not to. Now if you can afford an attorney, you should. But better to go in (especially if you have nothing to hide) so that they don't get an arrest warrant. As far as phone numbers, they have access to pretty specific databases.

Customer: replied 1 month ago.
if there is camera footage than you are sunk?

Pretty much. If the camera footage is clear, yes. It doesn't matter if it's a week later, etc... (that camera footage isn't going anywhere).

Customer: replied 1 month ago.
What do they do if this is your second affense

Nothing more. If you've twice been convicted of petty theft, your penalty for the third is higher. But not on the second.

Customer: replied 1 month ago.
Can you not have your name in the news papers? Can you settle this out of court?
Customer: replied 1 month ago.

You can try. That's up to the prosecutor, and maybe the store, if they're willing to drop charges. But if they want to press charges and prosecutors are not willing to budge, it's going to move forward.

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