Legal Question in Criminal Law in California
I was recently caught for shoplifting at Target. I was taken into their office and told them everything. They even forced me to sign a paper saying I stole everything, even though some of it I didn't and have no evidence for it. I did this so they would put a good word in for the cops when they arrived. I had exceeded the limit as a petty theft, but since there were multiple incidents they kept it under petty theft (484(a)) misdemeanor. I was recently studying for a history final and realized about Miranda vs Arizona. When I was taken into custody by the target officer, no rights were given to me. I had no right to counsel. I was wondering if any of this could apply? I am going into the Air Force in a year to be in the TACP and don't want this on my record. I heard about deferment, but if I get a public defender I feel like my chances of a deferment would be less as I would be wasting the judges time. Do you think I should get a public defender to help me get this deferred so I don't have a record? I am 24 and have never had any police record, not even juvenile. This was a moment of stupidity and being stupid. I had stolen mostly school supplies and 6 game serial numbers.
3 Answers from Attorneys
"A good word for the cops"? It was a huge mistake on your part to say anything or sign anything. Try to retain a private attorney. Make other career plans.
Miranda applies only to police officers and other government agents. It doesn't apply to store security.
Mr. Stone is right that it was a very bad idea to confess. You should expect your written and oral statements to figure prominently in the prosecutor's case against you. I don't know how winnable your case might have been before you opened your mouth, but it is much less winnable now.
You need a lawyer right away. Get a private attorney if you can, since public defenders are overworked and don't have enough time for each client. And as Mr. Stone says, you may need to adjust your career plans.
Keep studying. Mr. Hoffman is right, Miranda does not apply to private store security, unless they are deputized.
Related Questions & Answers
-
Is it possible to receive back the 10% paid to a bail bondsman for bail on a case... Asked 12/15/10, 10:18 am in United States California Criminal Law
-
If someone is accused of drug sales how do they determine that charge if their are... Asked 12/15/10, 4:53 am in United States California Criminal Law
-
Criminal Law question, if a death row inmate is being held unjustly in a maximum... Asked 12/14/10, 9:35 pm in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
