Legal Question in Criminal Law in California

I was in the process of getting a CCW, in the interview there were two extra detectives that were "listening in", so I didnt think much of it. Half way through the interview one of the detectives suddenly said... We have evidence of you swapping out a more expensive grill for a less expensive grill. I was kind of caught of guard and a little upset, I told them basically nothing to incriminate me (just thinking of what actually I did since it was 50 or so days ago. Which I told them it was most likely a mistake because I'd never do that. Then they said, I took a rug and tried to return it right after picking it up, thats when I got upset because I knew I would NEVER try and return a rug that wasnt mine for money or credit, since money isnt a huge problem for me. I've never been arrested in my life. So then I thought they were trying to get some kind of confession or additional information off me.

Basically I left an hour later after signing the yellow ticket type of thing that said petty theft (M) and a court date. I went to Kolhs to see if I could talk with the security guard. He said he has it all on camera even the rug. I know for a fact I CAME IN WITH A RUG. but for some reason they said they only saw me take a rug and take it to the customer service to return. But I guess he didnt believe this at all. It kind of feels like this is some kind of set-up, but I know its my fault about the grill and take responsibility for it. Any suggestions on what I should do?


Asked on 4/12/14, 11:52 pm

2 Answers from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

You should hire a criminal lawyer. Criminal charges are almost certain to be filed against you before the date of your court appearance. The video recording of your actions in the store can be available for your defense. I would not trust what a security guard says about what the video shows. I would want to see it myself. This can be done. If you'd like to speak to me about this further, please don't hesitate to contact me. Good luck. Steve Mandell 310 393 0639

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Answered on 4/13/14, 3:25 am
Terry A. Nelson Nelson & Lawless

Suggestions?

Yes.

Hire an attorney.

A little free advice that is already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.

No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 4/13/14, 2:16 pm


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