Your brother needs to hire a criminal defense attorney right away. It may mean the difference between getting charged by the State Attorneys Office, or having everything dropped. Feel free to call me or give him my cell number, 407-349-7474. My office offers a free initial consultation.
The answer is: it really depends on what happens in the criminal case. Sometimes the way you resolve the criminal case can foul up recovery in any kind of civil suit. It sounds like your brother has some very strong defenses. Because of recent changes in leadership in the Orange County State Attorney's Office, this may be something that can be squelched in its infancy. I would definitely want to see the video and read the police report before I say any more. Feel free to have him give me a call at 407-205-9488 and we can discuss it, free of charge.
For more information or to set up a free consultation contact the Witt Law at 407-205-WITT (9488). This answer does not, nor is it intended to, create an attorney-client relationship. It is offered for informational purposes only. Please consult with a licensed attorney before making any legal decisions.
He needs an aggressive lawyer right away. You are right that he could lose any chance of a lawsuit if the criminal case isn't handled correctly. Feel free to call me and we can talk about it
You need to prevail in criminal court before thinking about the riches of filing a civil suit. Was it Walmart? They seem to have become infamous for these things!
When a private security guard detains someone without any basis and without witnessing a crime, they are subject to a civil action of false arrest.
As indicated by the other attorneys, your brother first needs to make sure his criminal case gets dismissed, then he can evaluate his options against the private security. Right now it sounds like you assume this was a mistake / misunderstanding, but an attorney is going to have to evaluate the police report and any written statements in order to give your brother an accurate assessment of the case.
Feel free to call my office or email me if you or your brother has any questions..
If he had no goods on him and there is no video showing that he took anything, then I would not expect the Satte to prosecute a theft charge (Unless the video shows that he "attempted" to take/conceal property. In any event, I would suggest hiring a lawyer to defend any possible criminal case. Once that has been accomplished, then civil lawsuits may be considered.