QUESTION
How can I be charged if I was the one who contacted the police to make a restitution?
Asked on Jan 25th, 2015 on Criminal Law - Ohio
More details to this question:
I used someone's debit card to make purchases for them and myself as well. I contacted the police and made restitution. Now they are saying that they are charging me felony theft because it is a senior and they also are saying I stole from someone else. There is no evidence of any of this that it wasn't an accident. The detectives made me make a confession so I said okay I did it so they would go to the prosecutor and recommend the diversion program, had I not they would have told the prosecutor that I steal from seniors.
1 ANSWER
You are charged because you admitted to a crime. Just because you did the right thing by coming clean and paying restitution does not mean that there are no consequences. Depending on your circumstances (if your Miranda rights were read to you or not) you might be able to argue it was a coerced confession. When the police say that you have the right to remain silent and the right to an attorney, and if you cannot afford an attorney one will be provided for you, you need to ask for an attorney and remain silent. It's too late for a lot of things, but it's not too late to get an attorney, which you need immediately. Hire one or get one appointed and after they look into things you will find out if they will be able to clean things up for you at all.
Answered on Jan 27th, 2015 at 4:48 AM