Legal Question in Criminal Law in California

flea mkt items I sold online were stolen

Hello, I bought and sold a name brand shoes/boots on eBay from a woman at the flea market for over a year. In early January, 7 police and detectives -from a neighboring city- show up with a search warrant and confiscated all the shoes I had plus my computer. They said they were stolen by an employee -even telling me his name. After talking to me and recording such, they left and now, late march, one of the detectives called and wants me to make an appointment to come into his office and answer more questions. I asked if they arrested the people and he said no?? I've heard you say don't, but I don't want to alienalate him either. I'm 60 years old, live alone, and this scares me??? I told him I would ask my lawyer. I'm so scared. What should I do?


Asked on 3/26/03, 11:07 pm

4 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: flea mkt items I sold online were stolen

If you can afford to do so hire an attorney to represent you. If not when you get to the police officer's officetel him that you want to be represented by an attorney. Then do not talk to the police officer.

Read more
Answered on 3/26/03, 11:17 pm
Jonathan Kelman Law Offices of Jonathan I. Kelman

Re: flea mkt items I sold online were stolen

don't speak with him w/o an atty!

please call me to discuss (310) 286-1218

Read more
Answered on 3/26/03, 11:38 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: flea mkt items I sold online were stolen

without a warrant, you do not have to appear voluntarily to "speak with" the officer or anyone regarding this matter. you have a 5th amendment right to remain silent, and you also have the right to have an attorney present should the officer try to detain you for questioning. it is definitely in your best interest to retain an attorney if the officer continues to contact you or request you come in for "questioning". this would constitute harassment and an attorney can stop it for you so that you do feel safe and secure. if you would like further legal assistance, feel free to contact me at your earliest convenience.

Read more
Answered on 3/27/03, 4:34 am
Michael Troy Attorney at Law

Re: flea mkt items I sold online were stolen

Understand this: If the police have enough information to arrest you, they will do so without "talking" with you. The golden rule goes like this: If you didn't call them, they are not there to help. They often want to "talk" with you because they do not have enough information to make an arrest. Thus, they need that info to come out of your mouth.

You may simply go on with your life. You have no obligation to speak with a police officer any more than you would have to speak with a stranger on the street. If they insist, make them arrest you. Any statement you make while not under arrest will be considered voluntary; thus, admissible against you.

If you are arrested, simply state that you will not waive any of your rights and that you want an attorney. Arrest or not, say nothing! You cannot be more guilty after saying nothing than you were before saying nothing. They do not come to visit because they want to be your friend. Remember, it is your tax money that pays their salary. You are the master; they are the servant. Be pleasant but persistent in your refusals.

If you get arrested, call a criminal defense attorney in your area.

Read more
Answered on 3/27/03, 4:56 am


Related Questions & Answers

More Criminal Law questions and answers in California