QUESTION

I was just charged with petit theft at walmart due to not being familiar with the self check-out and the arresting officer lied on report??

Asked on Jan 15th, 2021 on Criminal Law - Florida
More details to this question:
I didn't realize that some of my items didn't ring up and as I was leaving they asked me to come to a side room to check my items. They found several items that were not scanned (my receipt was over $150.00 that I did pay for. The arresting officer also lied on my report about what my answers to his questions were, so I called him once I discovered he was not truthful and called him to ask if his camera was on so I can get a copy due to him not being truthful, and he stated to me that he made a mistake and will correct it tomorrow?? I don't even own a cellphone only a landline because I am not a tech person. I'm 47 years old and twenty years ago I had a Walmart falsely accuse me of fraudulent use of receipts and shoplifting which the judge found me not guilty. This was an error on my part, but in no way was I trying to shoplift. Now what do I do??
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2 ANSWERS

Criminal Law Attorney serving Bartow, FL
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My best legal advice is to exercise your right to remain silent.  In my legal opinion, after numerous years of practicing criminal defense law, I firmly believe a defendant can NEVER help him/herself by talking to law enforcement.  When you disclose to the law enforcement officer or the store's security person any information or idea about why you think they are wrong, you are simply giving them an opportunity to try to fix any potential weaknesses or oversights.  Why would you want to help them improve their case?     My next best legal advice is to get an attorney to represent you.  If you cannot afford one, you are entitled to have a court-appointed attorney represent you.  Many court-appointed attorneys are very good.  But if you can afford an attorney, ethically you should do so instead of trying to get a court-appointed attorney.     Once you have an attorney, discuss the issues you believe exist (e.g., what do the officer's and store cameras/videos record).  Your attorney should be able to determine how much to discose from a strategic standpoint and how much must be disclosed from a legal standpoint.
Answered on Jan 18th, 2021 at 10:57 AM

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DUI Defense Attorney serving Coral Gables, FL at Jonathan Blecher, P.A.
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Your prior offense may not play a role in this case. If you think you have a defense to the charges, fins the funds to hire a lawyer to defend you. You can also seek a referral to a diversion program.
Answered on Jan 16th, 2021 at 5:16 AM

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