Legal Question in Criminal Law in California

Criminal Investigation Question

I have been working at a retail store for a little over two years. I was recently interviewed by a man from ''loss prevention'' concerning my alleged involvement in store theft. He took it upon himself to estimate the total amount through a series of leading questions. He then asked me to sign a paper saying I agreed to that amount. He tape recorded the phone conversation, which was about two hours long. It was an interrogation. He gave me the option to either sign the waver agreeing to his total estimation or said they would take other legal means against me. He said I had committed several felonies and that this would be my way out. I am not responsible for that amount of loss and would like to know what to do from this point on. PLEASE answer my question.


Asked on 10/30/03, 10:48 pm

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Criminal Investigation Question

You probably did great harm to yourself by signing any acknowledgment of responsibility if you have none. Why do people do this without contacting attorney? You may want to discuss directly with an attorney that may be able to help you. The courts may likely back the company with your acknowledgement of fault.

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Answered on 11/03/03, 12:49 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Criminal Investigation Question

Thank you for your inquiry. It may be illegal for a store investigator to threaten criminal prosecution, depending on exactly what was said and how. You should probably send a letter to the investigator, or the company, describing the circumstances of your alleged "confession", and denying the allegations contained on the tape and in the written document prepared by the investigator.

From there, it depends on whether or not they decide to pursue this with the local police or prosecutors. One possibility is that they could institute a criminal prosecution, which you will need to defend -- or they may be bluffing. No attorney can tell you for sure, but based upon past experience, you may want to expect the worst.

I hope that this information helps, but if you need more information, have further questions, or feel that you neeed legal representation at this point, please feel free to email me directly at [email protected]. I am happy to help you in any way that I can.

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Answered on 10/31/03, 2:13 am


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