Need Legal Advice o/t

[ASH_1962]

If there are any criminal attorneys looking at this board, I would be forever grateful for some advice. Friday night I was arrested on a false accusation of Petit Larceny. What truthfully happaned was I went to a 7-11 locally on my way to work in the morning, and purchased a 44 ounce soda with a $20 bill. The arrogant woman behind the counter said I only gave her $10 and returned $8 and change to me. When I told her that I gave her $20 she got angry and an arguement ensued. I went back to the same 7-11 store after work and apoke to a manager who proceeded to return to me my $10 and apologized, telling me that he had received many complaints about this woman, who happened to be the sister of the franchise owner. This woman actually took my license plate, called the police and invented a story that I stole 2 packs of cigarettes, took my $20 back and left with the soda without paying for anything.

So they (the cops) took me out of my home at 11pm Friday night based upon some cocka-mamie story that some crazy woman invented. These 2 detectives definately watch too much TV as they reminded me of Starsky & Hutch the way they walked into my apartment, and had me convicted before I even had a chance to make a statement, and were poking around my apartment w/o a search warrant.

As you can imagine, I am scared to death that this woman can basically tell the cops anything she wants and they will be back at my door again to drag me to jail, all for something I did not do. It seems that the cops get free coffee and domuts at this 7-11 or something because this makes no sense. I have no criminal record or prior offenses, why would they have to drag me out of my apartment in the middle of the night over such a stupid thing, without a shred of evidence mind you. When I inquired about 7-11 having a video tape of this incident, I was told by these 2 clown detectives that they asked for a tape but nobody returned their phone call. Additionally, I am sure I have some recourse against 7-11 for character deformation and pain/suffering, as well as against the woman for perjuring herself.

All makes for a real crappy 3 day weekend...If anyone can help with some advice, it would be forever appreciated. I will hire an attorney on Tuesday...


Thanks-

[jetman67]

let me guess, the woman had a red dot on her forehead

[lamont_jordan_rules]

... my gut tells me you should file a complaint with the police department immediately ...

... it will look better in the long run if you take immediate action, rather than waiting until tuesday ...

... i'd even look in the yellowpages & call any lawyer to get advise on what to do TODAY - do not wait !! ...



l_j_r

[EY]

Did you go back to the manager who you spoke with? The one who said, 'we get plent of complaints about her'?

If you told him what happened, perhaps he'd understand and drop the charges.

If not, it's your word against theirs...

[ASH_1962]

Thank you all...This incident happened on May 1 and they just arrested me on May 25! That is an excellent idea however, about going and filing a complaint about this (Red Dot on forehead) woman, however I do not know her identity yet. I am unaware of any attorney working Sundays either otherwise I would call someone right now. There is an attorney in the building next to my office where I work who I wanted to use which is why I am waiting to return to work Tuesday.

Please keep the advice coming....if you don't mind...

Thanks millions

[EY]

[QUOTE=ASH_1962]Thank you all...This incident happened on May 1 and they just arrested me on May 25! That is an excellent idea however, about going and filing a complaint about this (Red Dot on forehead) woman, however I do not know her identity yet. I am unaware of any attorney working Sundays either otherwise I would call someone right now. There is an attorney in the building next to my office where I work who I wanted to use which is why I am waiting to return to work Tuesday.

Please keep the advice coming....if you don't mind...

Thanks millions[/QUOTE]

my other advice, racism isn't going to make this charge go away.

[SendaFrizbee]

Scary stuff. Just goes to show that anyone can make up a story about you and get you in trouble.

Yeah, I say you go back to that manager and explain to him that you "really don't want to get your attorney involved in a defamation suit and counter suit against his store" and maybe he will realize what you are trying to tell him.

As for that woman, may she rot in HELL!!! :devil:

[Johnny Bravo]

I cannot believe the Manager would give you your money back and then press charges against you. :huh:

[Dcat]

[QUOTE=ASH_1962]If there are any criminal attorneys looking at this board, I would be forever grateful for some advice. Friday night I was arrested on a false accusation of Petit Larceny. What truthfully happaned was I went to a 7-11 locally on my way to work in the morning, and purchased a 44 ounce soda with a $20 bill. The arrogant woman behind the counter said I only gave her $10 and returned $8 and change to me. When I told her that I gave her $20 she got angry and an arguement ensued. I went back to the same 7-11 store after work and apoke to a manager who proceeded to return to me my $10 and apologized, telling me that he had received many complaints about this woman, who happened to be the sister of the franchise owner. This woman actually took my license plate, called the police and invented a story that I stole 2 packs of cigarettes, took my $20 back and left with the soda without paying for anything.

So they (the cops) took me out of my home at 11pm Friday night based upon some cocka-mamie story that some crazy woman invented. These 2 detectives definately watch too much TV as they reminded me of Starsky & Hutch the way they walked into my apartment, and had me convicted before I even had a chance to make a statement, and were poking around my apartment w/o a search warrant.

As you can imagine, I am scared to death that this woman can basically tell the cops anything she wants and they will be back at my door again to drag me to jail, all for something I did not do. It seems that the cops get free coffee and domuts at this 7-11 or something because this makes no sense. I have no criminal record or prior offenses, why would they have to drag me out of my apartment in the middle of the night over such a stupid thing, without a shred of evidence mind you. When I inquired about 7-11 having a video tape of this incident, I was told by these 2 clown detectives that they asked for a tape but nobody returned their phone call. Additionally, I am sure I have some recourse against 7-11 for character deformation and pain/suffering, as well as against the woman for perjuring herself.

All makes for a real crappy 3 day weekend...If anyone can help with some advice, it would be forever appreciated. I will hire an attorney on Tuesday...


Thanks-[/QUOTE]


Most 7-11's have cameras rolling 24/7. If this one did, then all the detectives need do is roll back the tape. If it went down as you say, then charges will be dropped and you should press charges against the clerk.

[Savage69]

If you want to get even here's what you do..Have a friend go in and buy something with a 100 dollar bill! On that 100 dollar bill you would have written Happy birthday(your name) in very small letters. Go in 5 minutes later buy something and when you get your change say I gave you a 100!! Call the cops and say you know what you gave her because it was for your birthday and it had your name on it..When they check the register there is the 100 with your name.. ;)

[Dcat]

[QUOTE=EricYellin]my other advice, racism isn't going to make this charge go away.[/QUOTE]

agreed. Everyone ought to drop the the racist banter and focus on the facts here. Grow up people.

[Bocajetfan68]

[QUOTE=Dcat]Most 7-11's have cameras rolling 24/7. If this one did, then all the detectives need do is roll back the tape. If it went down as you say, then charges will be dropped and you should press charges against the clerk.[/QUOTE]
Most places tape over so if there were no incidents that took place in that time frame that 24 hour period will be lost.

[Dcat]

If the clerk complained of the alleged shoplifting after the incident, then the tape would not have been erased. If they erased it, that's a fact which greatly reduces the credibility of the complainant. How long did she wait to report the alleged shoplifting? right away? days? Weeks? The longer the tim span, the less credible the story.

[crazyeffinjetsfan]

[QUOTE=Savage69]If you want to get even here's what you do..Have a friend go in and buy something with a 100 dollar bill! On that 100 dollar bill you would have written Happy birthday(your name) in very small letters. Go in 5 minutes later buy something and when you get your change say I gave you a 100!! Call the cops and say you know what you gave her because it was for your birthday and it had your name on it..When they check the register there is the 100 with your name.. ;)[/QUOTE]
Paper Moon...."Happy Birthday Addie"

[shodan9999]

[QUOTE=ASH_1962]If there are any criminal attorneys looking at this board, I would be forever grateful for some advice. Friday night I was arrested on a false accusation of Petit Larceny. What truthfully happaned was I went to a 7-11 locally on my way to work in the morning, and purchased a 44 ounce soda with a $20 bill. The arrogant woman behind the counter said I only gave her $10 and returned $8 and change to me. When I told her that I gave her $20 she got angry and an arguement ensued. I went back to the same 7-11 store after work and apoke to a manager who proceeded to return to me my $10 and apologized, telling me that he had received many complaints about this woman, who happened to be the sister of the franchise owner. This woman actually took my license plate, called the police and invented a story that I stole 2 packs of cigarettes, took my $20 back and left with the soda without paying for anything.

So they (the cops) took me out of my home at 11pm Friday night based upon some cocka-mamie story that some crazy woman invented. These 2 detectives definately watch too much TV as they reminded me of Starsky & Hutch the way they walked into my apartment, and had me convicted before I even had a chance to make a statement, and were poking around my apartment w/o a search warrant.

As you can imagine, I am scared to death that this woman can basically tell the cops anything she wants and they will be back at my door again to drag me to jail, all for something I did not do. It seems that the cops get free coffee and domuts at this 7-11 or something because this makes no sense. I have no criminal record or prior offenses, why would they have to drag me out of my apartment in the middle of the night over such a stupid thing, without a shred of evidence mind you. When I inquired about 7-11 having a video tape of this incident, I was told by these 2 clown detectives that they asked for a tape but nobody returned their phone call. Additionally, I am sure I have some recourse against 7-11 for character deformation and pain/suffering, as well as against the woman for perjuring herself.

All makes for a real crappy 3 day weekend...If anyone can help with some advice, it would be forever appreciated. I will hire an attorney on Tuesday...


Thanks-[/QUOTE]

Get an attorney...I do not know what the laws in your state are...but you were charged with petite larceny because larceny is a felony..theft for that amount would be a misdemeanor we would need a warrant to arrest you on a misdemeanor none for a felony.....and with out a search warrant they could not search your home for anything but you...even if they had an arrest warrant...but if it is her word against yours and that is all...she does not have enough...if there was a video in the store...that would prove you did not take the cigs..I wish you had called for a manager right then...count the drawer...that could have cleared it up...and kept her hands out until it was...get that mangers name...that will clear up her word against you and throw reasonable doubt into your corner..your attorney will look into her complaint and the actions by the police...I have been a police officer for almost 23 years...a detective for over 11...I would never have arrested you for that unless I had a warrant..and that would have needed to be signed by the complaint not me...I also have a hard time believing a judge would find probable cause for a warrant..as for the coffee and donut crap...if your police department would really sellout for coffee and donuts...you have a real problem in your community....and they are setting themselves up for a big lawsuit...so if you are telling the whole story...I can see no way they will make this stick...

[ASH_1962]

Thank you all! You have made me feel 150% better about my chances to clear my name.

One point though. I did not bring up the race issue, someone earlier pointed that out and it happened to be the woman's ethnicity. Nothing against people of Indian or Pakistani decent, that really has nothing to do with this case.

The lack of video to me kills this woman's credability. How convenient that it can not be produced to the police. Also, the night manager told me that the person with whom I had this altercation was thre sister of one of the actual franchise owners sister so his power is nil as far as my going there and telling him what you all said.



You all have garnered my deepest respect and thanks for these replies!

[MACPAC]

[QUOTE=jetman67]let me guess, the woman had a red dot on her forehead[/QUOTE]

Redneck :yes:

[ASH_1962]

Oh and as far as the coffee & donut remark, I have 100% percent respect for police officers. They do dangerous work and are not sufficiently compensated for that work, however, it seemed rather odd that they did no investigating and their Sergeant wanted me picked up (arrested and charged) immediately, 3.5 weeks after the incident with no evidence that I saw other than my photograph from the DMV database based upon my license plate number.
I fully admitted to going in there, however the lie this woman told is completely different form the truth. Since the scenario the clerk portrayed to the police never ocurred, any video of this incident would ruin their credibility immediately which is why this is so bizarre.

Response to another comment made by an astute poster. It scares the heck out of me too that people can make up any story they want and innocent persons will be taken into police custody and charged with crimes they did not commit. Respectfully, don't the police departments have more important issues to deal with other than a 45 year old business man, with a family, who had a verbal altercation with a 7-11 clerk over money? It just reeks of some "insider presence" so to speak. For some reason, unbeknown st to myself, the police took this very seriously and really made much ado over what really was nothing.

Oh, and did I mention again the 7-11 night manager apologized to me and handed me back my $10?

I loved the $100 bill idea, but I need no more trouble than I already have..

[kobe24jets]

Hide From The Cops

[Dr. Fill]

What's the name of your town, so I can avoid it?