Should i get a criminal defense attorney

Asked about 1 year ago - Orlando, FL

at work i decided to take some items , not to sell , not to keep , to simply test my stores " loss prevention " when i was asked if i knew about them i said that i have them , and will gladly bring them back in . a sheriff deputy came into the store , asked me to explain whats going on , i told him everything , and also stated that i will be returning them . he did not write anything down , nor have me sign anything except one document that stated i am no longer allowed on the premises . and that was all , the deputy told me to make sure that i get the items back to the store , and have the manager sign a paper that i did return them . and i did do that . so my main question is , should i still be on edge ? should i get a lawyer , or am i in the clear ?

Attorney answers (4)

  1. David Dean Fussell

    Pro

    Contributor Level 10

    9

    Lawyers agree

    Answered . If the officer received no information from your employer it would be hard for him to write a report concerning the offense. I would be worried about the fact that someone from your employer reported the incident to law enforcement. That is an indication as to whether your employer thought you were stealing items.

    There is a process in which the police file the information directly with the state attorney and the state attorney decides whether to prosecute or not. Again such a referal would be impossible if the police had no information on you or the incident. If he gave you a tresspass warning he has your information. It is possible the police officer received all additional information needed from the store personnel. If you were an employee the employer has all the information the officer needs.

    As some others have said it is unclear at this point whether you will get charged or not. You are not clear of charges though. Do not make any further statements to anyone except an attorney about your actions which led to this case. You may wish to consult an attorney now, or wait until you are arrested if you ever are. Good luck.

  2. William David Umansky

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . It is hard to say. In many cases, the police will forward a statement along with loss preventions report to the State Attorney who will then make a charging decision. Sometimes it can take a year or longer for State to determine whether to file charges and if they do, they will ask Judge to issue a warrant or have the clerk issue a summons to appear. I do find it interesting that the police did not take a report and if they chose not to do one, you might get lucky. Have no idea how it will turn out at this point. You can choose to wait and do nothing or hire a lawyer pre-file to contact the State over the next few months to see if something gets filed for their review. Call us if you have any other questions.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  3. Robert Laurens Driessen

    Contributor Level 20

    9

    Lawyers agree

    Answered . Get an attorney. Stop making statements and unless your job was to test the loss prevention department you could be looking at criminal charges.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  4. Frank Mascagni III

    Contributor Level 20

    8

    Lawyers agree

    Answered . You need to consult with a criminal defense attorney to advise you on this strange set of facts. I assume you were fired since you signed a document barring you from the premises. I would seek some legal counsel to review everything. You may or may not be charged with a crime.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,152 answers this week

2,751 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,152 answers this week

2,751 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary