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Should i get a criminal defense attorney

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

Posted

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 my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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Asker

Posted

Thank you for the response Mr Umansky! I was slightly confused considering that there was no statement taken, I had no papers to sign except for the "not allowed on property." There was no info taken about what it was that was missing or what will be returned, and I never signed any other papers. So it's somewhat confusing to me. I feel like I'm in the clear considering if I wasn't I would have had to sign a paper from the deputy stating that I did take stuff and all that. But thank you for your insight. Also, need be, is your contact information on here?

Posted

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 on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

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Posted

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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

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.

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2 comments

Asker

Posted

On the notation of the employer having all of my other information, regardless who it is to, isn't it illegal for them to give my ssn to anyone without my consent?

David Dean Fussell

David Dean Fussell

Posted

Law enforcement does not have to have your social security number to refer the case to the State Attorney. While they would like to have it, a warrant can be issued with as little as your name, sex, and d.o.b. If you wish to inquire about the law concerning disclosure of your S.S.N. you should hire counsel.

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