Legal Question in Criminal Law in California
Can the retail industry sue me if they don't have a case?
I was accused of and arrested for embezzlement at my parttime job at a retail store. They have some video tape footage of 2 transactions at the case registar. 1 they can see the customer the other they can not. I did a return and new purchase all on the same ticket but put all merchandise including the returned items back into the bag on both occasions. I never admitted any quilt.This case has been sent back and forth to the district attornies office and to the sherriff's office requesting further investigation. They feel there is not enough evidence to file but it still has not yet been dismissed. Now the store has sent me a letter stating to pay them $500 or they will file a law suit against me. It says I have 10 days to comply.
Is this a trick to see what my reaction will be?
2 Answers from Attorneys
Re: Can the retail industry sue me if they don't have a case?
Anybody can sue anybody for anything. Winning is different. They risk sanctions if they really have NO evidence. IF sued, you will have to defend on the facts. Contact me if you need to hire counsel for this.
Re: Can the retail industry sue me if they don't have a case?
You should contact an attorney to represent you in this matter. If you agree pay the $500 it is very probable that they will attempt to use that as an admission of guilt. From this point on you should not talk to anyone or the police about this matter. This includes close family members. Your response to any attempt to question you is that you want to either call your attorney or retain an attorney before further questioning.
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