Legal Question in Criminal Law in California

About 3 or 4 days ago, I was arrested at Home Depot in San Jose, CA for theft. Loss prevention detained me for about 5 or 6 hours before the police arrived to take me away. I believe the delay was due to loss prevention's wish to get information from me about a suspected theft ring they have been trying to catch in their stores. I sat in handcuffs for hours as they interogated me. They never bothered to ask if I had any sort of medical conditions which require that I take a prescription. In fact, I do have a prescription for high blood pressure medication. Obviously, I have survived my detention and have since bailed out of jail and am awaiting my court date. I believe I've been charged with some sort of Commercial Burglary.

My question(s) for you is/are: Is it possible to convince Home Depot to drop the charges with the threat of a lawsuit for the length of time I was detained and interrogated? What coarse of action do you recommend I take regarding this matter? Do I need to find an attorney in San Jose? Or, can I contact an attorney where I live in the Long Beach area? If I go it alone to my first court date, what should I say or do?

The Zip Code information I filled out is a San Jose zip code. Don't know for sure where in San Jose I was arrested. My home Zip Code is 90712.

Thank You For Your Time


Asked on 6/29/10, 3:37 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you were arrested in San Jose, your court date is in San Jose (read your paperwork). Do not go to your first court date alone if you can help it. You didn't say whether or not you stole anything. If you did, good luck suing Home Depot.

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Answered on 6/29/10, 7:36 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Stone. Note also that whether to drop the charges is the D.A.'s decision, not Home Depot's. Suing them will not make the D.A. more sympathetic to you. If anything, it may persuade him that you have an attitude problem, making him more eager to prosecute you.

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Answered on 6/30/10, 4:22 pm


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