Legal Question in Criminal Law in California

No evendice
Ok i go to ralphs to get some icreme when i go in the store i pick up a dvd to buy as i walk towards the icream i make the decison i dont want the dvd and i put it in the icream section and take the icream i finish my shoping and as i am the fruit section the store manger yells at me and sayes you stoled my video tape and i want it back he said show me i thought i would walk him over to the area where i placed it but with him so mad i did not want to say i put in on the icream so i walk to the maginise section witch it by the dvd i thought he mite see it when he did not see the dve he yelled at me to get out of the store and never to come back whell when i got home the police came and asked to check my van for the dvd i said yes well they found no dvd but they found my x roomate meth pipe it was in a bag that was placed in a bag with the rest of his itiems you know the rest i was arrested for thefit and somkeing davice i go to court feb 3 now how can this happen can i sue ralphs there was no evedince

Asked on 1/16/03, 2:26 am

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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Re: No evendice

Thanks for your question and posting.

You can always sue Ralphs (under the general principle that you can sue anyone for anything), but any separate lawsuit would be completely separate, would take more time than your criminal case, and would not necessarily help you in your criminal case.

Ralphs also has the defense that they were operating under the limited information that they had, and that it was the police, the DA, and the court system, not them, that caused your total legal woes.

You should do the responsible thing -- and treat the criminal case as serious, and begin there. A criminal case carries the possibility of a large fine, jail time, and other negative consequences that are longer lasting than the thousands you will spend on a civil case.

From what you've stated, you have at least several potential defenses, and getting an attorney is a good first step. A good attorney will review the police report, and discuss the credibility of any witnesses, evidence found, and all your factual and legal defenses with the prosecutor, and get you the best result possible.

I hope this information helps, but if you have other questions, want more information, or feel you need legal representation (always a wise choice), please feel free to email me directly at [email protected]. Best of luck, and I look forward to helping you in any way that I can.

Answered on 1/16/03, 12:59 pm

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