Asked on Dec 17th, 2025 on Criminal Law - California
More details to this question:
My husband and his employee went into harbor freights with the intent of exchanging a jack hammer. There was a miscommunication with the sales clerk where they thought she had gave the ok to exchange the jackhammer. Two weeks later he recieved a call from a detective asking if he can come in to identify the people driving his work van that committed a theft. He is set to meet with the detective tomarrrow. We went to harbor freights to try and pay for the jack hammer and they wouldn’t allow us to they said once it gos to the sheriffs it’s up to them. Will he get take. In to custody if he goes to meet with the detective or just get cited a ticket with a court date?
To answer your direct quettion: Whether your husband will be taken into custody is speculative. However, he should hire defense counsel in order to try and avoid his being arrested at a time that is inconvenient for him. An experienced criminal defense lawyer can guide him on his options to address his concerns in this matter. Cases of exchanges becoming criminal cases are on the rise. Therefore, your concern is a justified one. No, you do not want to go to the Sheriff without hiring a good criminal defense lawyer first. If he will be taken into custody then it could be after he meets with the detective or before. Whether he will be cited and released is speculation. A good lawyer can clarify this for you.
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