If there is a complainant and the police believe there is enough of a case to go forward, then of course you can be arrested for it.
Whether you did something or not is a fact question to be established at trial. Whether you can be accused of stealing something is a very different matter.
They really need some evidence other than a hunch to arrest you for theft. If they actually arrest you, however, you could probably knowck it out at the preliminary hearing if the evidence is scant.
CHRISTOPHER BOKAS, ESQUIRE
You can be arrested for something you did not do. The Duke LaCrosse team players were arrested and look what happened there. And not only that, look at all of the people who are being released from prison because of the Project Innocence program that is using DNA to get tested in cases where the tests were not as sophisticated then as they are now.
You should immediately consult with a criminal defense attorney. Often, intervention by an experienced and respected criminal defense attorney can slow law enforcement agencies or
prosecutors office down before rushing to judgment. And if you still wind up getting charged and/or arrested, you will have someone in your corner right away instead of your being stuck behind bars while trying to find a lawyer.
I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.
Anyone can be arrested. The real question is whether they have enough proof. DO NOT speak with anyone about the case without an attorney present.