QUESTION
If I have been accused for stealing and was arrested but completely accidental on my end do I have a case?
Asked on Sep 23rd, 2014 on Criminal Law - Michigan
More details to this question:
I am a 30 year old male and have never been in trouble ever in my life, I suffer from ADHD and dyslexia which I'm prescribed medication for. I was shopping at Meijer in Southgate, Michigan and was distracted while scanning my groceries when a few items I had was not scanning so I took them to the clerk to scan after that I paid for the items I scanned and didn't realize I did not scan the items in my basket, continued to walk to the exit doors when I was stopped and without giving me the option to go scan the items I was taken to the back room interrogated for 2 hours and then arrested, I had no intent to steal nor did I even realize what I did until I was confronted. I have a position of trust at my work and I am a very honest person I just made a mistake and forgot. What do I do to prove my innocence?
6 ANSWERS
Michael J. Breczinski
Yes you have a defense. You have to intend to steal. It being an oversight is a defense. You can't accidentally steal.
Answered on Sep 29th, 2014 at 3:31 AM
Criminal Law Attorney serving Royal Oak, MI
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James S. Lawrence
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Retail fraud requires an intent to steal. Taking items you did not pay for suggests an intent to steal, but is not absolute proof of intent to steal, since the taking of the items without paying could have been unintentional. You could go to trial and testify to your defense, and perhaps the jury would believe your explanation. Or, perhaps the prosecutor will make you a plea bargain offer that you find acceptable.
Answered on Sep 26th, 2014 at 7:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have to defend yourself as the have a case. If this pertains to Michigan, you are welcome to call Musilli Brennan Associates PLLC at 586-778-0900 to hire us and provide further details.
Answered on Sep 24th, 2014 at 10:33 AM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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You need to hire an attorney immediately. You can only prove your innocence by having a jury believe you. Everyone that shoplifts says it was an accident neither the prosecutor nor the judge will believe you.
Answered on Sep 24th, 2014 at 9:47 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It's a very tough case because your intent is the key. If a prosecutor can prove it, you will be found guilty by a jury. There may be a better option for you.
Answered on Sep 24th, 2014 at 9:42 AM
Get a good lawyer. He will know the best way to de-criminalize your behavior. It will proably involve looking into past behaviors and possibly getting the doctors to confirm your conditions.
Answered on Sep 24th, 2014 at 9:41 AM