My brother has no prior arrests or any type of criminal background. over the weekend, he had 900 hats confiscated at an out of state market by the "organized retail crime group." He was not arrested, charged, or given any paperwork other than a list of what was seized. The head detective told him to call him in about a week (not sure why) and informed him that he felt that because of the clean background and cooperation given, he doesn't believe that the attorney in charge will wish to file charges. Does this seem possible to you? What should he do?
If charged with a crime, your brother should reach out to an experienced criminal defense attorney in the state and county where he is charged and follow the attorney's advice. If your brother is not charged, he should obviously discontinue his business relationship with the source of the merchandise. Under any circumstances, your brother should not talk directly with the police. If approached again by the detectives, your brother should politely refuse to discuss the matter with the police until AFTER he has discussed his concerns with an experienced criminal defense attorney. Good luck.
At this point, your brother should exercise his right to remain silent and refuse to speak to anyone other than a criminal defense lawyer about this case. Specifically, calling and speaking to the detective / investigator will not help your brother. Instead, he should hire an experienced criminal defense lawyer and give the lawyer the detective's phone number.
It does not seem possible that is a Felony 2 and serious.
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