QUESTION
Do I have a case if I have been wrongfully accused of shoplifting?
Asked on Feb 06th, 2014 on Criminal Law - Utah
More details to this question:
So I came home tonight to find a mailbox full of letters from lawyers, and a letter from Kohls saying I was caught shoplifting in there store on Jan , 28 , 2014 and they demanded I pay $207. I looked online for a case search and came to find out, I had a charge of theft under $100 and I had a summons on the way. I got the complainant officers info just in case I need it. Long story short, the officer had to of been called to the scene, which than he should of had to see some id or something, which I'm guessing he didn't cause whoever stole used my identity, but I have my I.D. still. Help please!
6 ANSWERS
Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Feb 11th, 2014 at 3:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get a defense attorney, they generally will have much of this recorded and it was not you that will become apparent quickly.
Answered on Feb 11th, 2014 at 3:50 PM
Michael J. Breczinski
You can fight the matter on the basis that you were not the thief. The store may have the theft (and the thief) on camera. Get a lawyer and fight.
Answered on Feb 10th, 2014 at 9:02 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If it wasn't you, and you were the victim of ID theft, provide that info to the court. No you have no basis to sue.
Answered on Feb 10th, 2014 at 9:02 PM
Criminal Defense Attorney serving Oceanside, CA
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Law Offices of Michael Norton
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The person using your identity was most likely fingerprinted or had to sign a promise to appear. Your attorney could point out the differences to the DA. If the DA is not convinced you may have to go to trial to have the lost prevention agent identify you as the culprit. The police report or loss prevention report should also have a description of the individual who was arrested.
Answered on Feb 10th, 2014 at 9:01 PM
1 Award
Yes, you have a case. Plead "not guilty" and fight the charge. Most likely, there is video of the alleged crime. Hopefully, it is obvious that it is not you. Regardless, the burden is on the prosecutor to prove that you did shoplift. You do not have to prove anything. Hire a lawyer to help you so that you do not have an unjust black mark on your record.
Answered on Feb 10th, 2014 at 8:27 PM