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