QUESTION
Is that a felony if you accidentaly took a phone case?
Asked on Oct 30th, 2013 on Criminal Law - Michigan
More details to this question:
I was shopping in a pawn shop. I was there for 2 hours no help so I looked around the cases. I opened the case to look and I grabbed a 30 dollar phone case and when i finally got helped, I loaded the speakers i was buying and put the case in my pocket to free my hands. I paid for my speakers and forgot the phone case in my pocket the next day i returned the speakers and a detective stops me at my car and says I'm under investigation for theft they said I was on video stealing phones which i did not take any phones and they arrested me and charged me with a d felony they had names and prices of the phones and i never touched any electronics in the display case. Can they charge me just for looking suspicious.
8 ANSWERS
Michael J. Breczinski
Get a lawyer and fight the matter. You did not mean to take the phone case.
Answered on Nov 06th, 2013 at 6:20 AM
Family Law Attorney serving Glendale, CA
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Oscar E. Toscano, Attorney at Law
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You didn't look suspicious. You actually took something. They charge you with burglary (felony) because they believe you went in to steal from the beginning. The video should show what occurred. It should not be a felony but a misdemeanor based on your own statements. Consult a good trial attorney.
Answered on Nov 06th, 2013 at 4:06 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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What you did was stealing shoplift. You say you only took a phone case, but you also say surveillance tapes show you taking phones. I would have to see all the evidence against at you to determine the strength of the charges.
Answered on Nov 06th, 2013 at 2:34 AM
2 Awards
Yes, they can charge you. You need a lawyer ASAP. Your lawyer will help to keep that charge from becoming a conviction.
Answered on Nov 04th, 2013 at 4:22 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Anybody can be charged with anything. That doesn't mean they can prove your guilt beyond all reasonable doubt. If charged, consult with an experienced criminal attorney in your area.
Answered on Nov 04th, 2013 at 4:01 AM
No, they cannot charge you for looking suspicious, but they can charge you with theft of the $30 phone case that you forgot in your pocket if they have proof that you took it. Theft of the $30 phone case is a misdemeanor not a felony. You and your lawyer need to get discovery of the State's evidence (video) which should show that you did not take anything except the phone case and that was by accident. Remember to talk to a lawyer before you talk to the police.
Answered on Nov 04th, 2013 at 3:44 AM
John J. Carney
You did not just look suspicious, you took an item and did not pay for it. You should retain a good criminal lawyer and tell him the truth, not some story that you think will help and let him advise you as to how to handle the case. If you mistakenly took the item the prosecutor may be willing to dismiss the case. If you have a serious prior criminal history they will not dismiss or believe you are innocent and it will be harder to get a good plea bargain.
Answered on Nov 04th, 2013 at 3:11 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, the question is can they convict you, get a good attorney.
Answered on Nov 04th, 2013 at 2:14 AM