Yes as to both questions. Retail stores are notorious for making false arrests in shoplifting cases and bullying people to admit crimes they didn't commit.
Let me know if you have any additional questions.
Yes, if you didn't take anything then you were not shoplifting and if they falsely arrested you there are grounds to sue.
The magic words are "past all points of purchase." If you took products beyond the checkout counters, then they consider that shoplifting. It is common for people to get cold feet at the last minute or to leave the items near the door and then return (or send someone back) to retrieve them. But if you abandoned the items BEFORE passing the checkout counter and got tackled in the parking lot anyway, then I agree that you may have a pretty good case.
↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.
Yes. I've dealt with similar cases. People at major retail locations can be overly reactionary, but a claim still exists for your personal injury under Georgia law, and you have many defenses to any charges. Call my office. 478.227.3879
Answering questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.
Based on the facts as you have presented them in your question I would say - "Yes" to both of your questions. If you didn't take the items past the checkout/cash registers you would have a viable defense to the shoplifting charge. Many times the store security personnel are over aggressive and try to intimidate people into admitting to actions that they didn't do. Additionally, you appear to have a personal injury claim against the individual that assaulted you, as well as the store. I would recommend that you move quickly to retain a qualified and experienced attorney to defend you and to address the personal injury issue. Finally, an important part of your defense and personal injury claim will be the store security video - make sure that your attorney(s) move quickly to secure it. Good Luck with your cases!!!
George McCranie www.mccranielawfirm.com
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.