Can you be arrested days after shoplifting at your home

Asked about 4 years ago - Visalia, CA

siad to be followed out of store and lic plate number noted. Camera shows me walking out of store without paying for items? Arrested next day at my house.

Attorney answers (2)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . Actually, if the charge is a simple misdemeanor, the police cannot arrest you in these circumstances without a warrant. A misdemeanor goes "stale" and the police must seek a warrant for your arrest on a misdemeanor unless it is a current, ongoing investigation. Even then, if it was a misdemeanor, the police couldn't arrest you for the charges, since I assume the crime wasn't committed in their presence. It would require a private person's arrest.

    If they suspect that you entered with the intent to steal, that's burglary and is a potential felony, allowing them to arrest without a warrant based on probable cause.

    Enough of the criminal procedure, though. Either way, you're facing criminal charges, so it's time to consult with a criminal defense attorney to discuss the particulars of your case in detail.

  2. Steven Alan Fink

    Contributor Level 20

    Answered . Yes. Police have the power to arrest people suspected of having committed a crime. It is prosecution's job to prove that you shoplifted. You might want to hire a criminal attorney in your area. This is a serious matter and you could end up with a criminal record.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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