Legal Question in Criminal Law in Iowa

I went in a ecig store in a town that I dont even live in and was taste testing some vapor flavors , a police officer Came into the store and approached me and asked me to step outside ,he then ashe said he was investigating a 5 th degree theift case and asked me if I have ever been in that store before because the. Worker thought I kind of looked like the person they where looking for ,I told him that I wasnt even from the area and told him about the strange question the man working in the store was asking me and I told him the same thing I told the worker It wasnt me that it must be mistaken identity and asked him to give me the date this happened and he wiuld not give me a date I asked if we could ho back in store and veiw the security tape that they said I was on and he said ni I asked if I was being detsined or arrested he said no ,I said thst this was mistaken idenity and he said that they were unable to prove that it was me on tape but they asked that I not shop in there store .I said fine but I thought I was being falsely prosecuted because I resembled someone else . He said for me to not eetien or the cigld have me arrested for trespassing ,he had written down my name address and phone number that day ,now 2 weeks later I get a voice mail from an officer that said that there is a citation for 5th degree theft for me and if I didn't come pick it up there would be a warrant issued for me . What IS This about and can this be lefal and what should I DO ? THANK YOU for your help


Asked on 10/28/14, 12:44 pm

1 Answer from Attorneys
Todd Miler Miler Law Firm

You seem to be asking three questions. First, "what is this about?" It seems to be that they believe you committed a theft at the store. Second, "can this be lefal?" I'm not sure what lefal means. If you're asking if its "legal", then it most likely is legal as the officer has apparently filed a citation based on his claim that there is probable cause that you committed a theft. Probable cause is different than proof beyond a reasonable doubt. Third, "what should I do?" I'd suggest you go pick up the citation otherwise you'll be arrested and spend at least a little time in jail. You do have the right to an attorney and I'd suggest you get one to discuss this further. An attorney can find out what the evidence is against you and further advise you on the important consequences of the decisions you'll need to make as the charge moves through the court system.

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Answered on 10/28/14, 1:01 pm


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