Legal Question in Criminal Law in Minnesota

I have recently been talked to by someone from Loss Prevention at the company I work for. Was made to sign a form before we started talking, which I can't remember what the form stated now. I was basically being accused of stealing from the company, without being told exactly what. The man I was speaking to said he didn't like to "lay out all the cards" and just wanted me to confess to everything I had done. I admitted to taking a few coupons (which he tried to get me to say I took more than I had) that we give out to customers, and giving them away to a few friends and family (maybe using one or two myself). After the admission, I was constantly asked if I stole merchandise or money, and was asked quite a few times, with my answer always "no." Part way into the "interrogation" I noticed he was wearing a microphone that was tucked into his shirt, which was NEVER stated that we were going to be recorded. I was told I had to write a statement of what had been discussed, and to admit to anything else I had done (again). I never got copies of these forms I signed, and am just waiting to hear back on what will happen next. I totally feel railroaded by this whole situation and don't know if I need to get a lawyer involved or not. I have never been accused of stealing before, nor do I steal otherwise.


Asked on 4/19/11, 9:58 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

It seems that you now realize it was a mistake to talk to anyone about accusations or suspicions. Avoid doing that in the future - at least until after consultign a criminal lawyer.

When i have had criminal defense cases like this in the past, I have moved the court for suppression of the statement. I have been successful with cases like this in the past, though not always.

At this point avoid making any futher statements to anyone. And consider the possibility of a search warrant execution. If charged, definitely retain a good criminal lawyer.

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Answered on 4/20/11, 6:39 am
Maury Beaulier612.240.8005 Minnesota Lawyers

You should never speak with authorities investigating an offense where you are the suspect without legal counsel. There is nothing that precludes a loss prevention person from recording such conversations even if unannounced.

A theft offense can be very serious. While any theft under $500 is a misdemeanor. Such an offense is still punishable by up to 90 days in jail and a $1000 fine. The collateral consequences of a conviction can also be extremely significant and preclude a person from finding employment where background checks are performed.

Often, if you have no prior offenses, a conviction can be avoided with a Stay of Prosecution. A Stay of Prosecution means that the offense is never recorded on your record and stayed for a certain periofd of time to ensure that you do not have another offense.

We can assist you in making sure that your record is not affected.

For a FREE consultation call 612.240.8005.

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Answered on 4/26/11, 7:56 am


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