Legal Question in Criminal Law in Maryland

Hi,

My husband worked for a retail company as part of their Loss Prevention Team (watches for people stealing). A woman who left the store dropped a jar and kept walking. My husband called out to the lady to let her know she dropped something, she paused, said "I know" and kept walking.

My husband went out and picked up the jar pieces and such because it was on the sidewalk where people walk. He waited for the woman to come back, but he didn't see her. She did eventually return to the store and just grabbed another item off the shelf and went to walk back out. My husband told the woman that she needs to go to the service desk to report the first jar broken, otherwise it messes up the inventory.

The woman refused. My husband told her that she cannot take two items while only paying for one and to have the replacement item, she needs to report it as damaged--otherwise it is stealing. The woman became very vulgar and screamed at my husband that it isn't her job to do that, it's his and she isn't going up to the service desk.

She then walked out.

My husband followed her to get the license plate information from her vehicle to write up a report and touched her car with his hand.

The woman saw him and started screaming at him to get away from her car. She then punched him and then shoved him. She went to shove him again and my husband put his hands up to block her, but didn't touch her.

He then went inside and contacted a manager. The woman came back in shortly (suddenly with blueberries on her jeans) and started screaming at the manager about how he touched her car and then shoved her and ruined her jeans.

The store gave her a $50.00 gift card and two days later (after telling my husband that his job was secure) fired my husband on the spot because of the incident.

Then today (4 days later), he gets a call from a police officer stating that the woman is filing assult charges against him and that it is illegal to touch someone else's car.

There were no witnesses (except supposedly this woman's 14 year old son) and no cameras in the parking lot. There is no proof whatsoever of the incident except for the swelling in my husband's jaw--which went away in a day or so. It left no bruising and he didn't go to the doctor because there was no sustaining injury.

Does this woman have a case or not? The cop has scared my husband into thinking he is going to jail. He was a great employee, he has no previous record of anything except a speeding ticket 6 years ago and has never gotten into trouble before.

Thank you.

Rachel C.


Asked on 10/26/10, 10:03 am

2 Answers from Attorneys

Jason Cleckner Law Office of Jason Cleckner, LLC

It will depend who presents their case the best. He needs to make sure to get a lawyer ASAP. Or a PD if you can't afford one. I offer free consults and very reasonable prices.

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Answered on 10/31/10, 10:13 am
William Welch William L. Welch, III Attorney

Whether she has a case will be decided by a judge or a jury. It sounds like he may have been defending himself, although his employer's actions may support the woman's story more than your husband's. Regardless, anyone may be accused of breaking the law whether he or she did so or not. I offer a free initial consultation.

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Answered on 10/31/10, 10:24 am


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