Legal Question in Criminal Law in New Hampshire

Shoplifting

I was caught shoplifting 3 DVDs at Wal-Mart. They totaled to about $50. A

police officer came but did not arrest me. He told me that he will be

issuing a warrant for my arrest within the next week and he will call

my cell phone and let me know when it is out. At that point I should go

turn myself in. Then they let me go. This is my first offense.

What will happen from here?

Why didn't they just arrest me then?


Asked on 12/23/08, 3:10 am

1 Answer from Attorneys
Andrew Winters Cohen & Winters, PLLC

Re: Shoplifting

Hello,

The reason you weren't arrested on the spot was because the alleged crime was not committed in front of the officer and therefore, by law, he is required to get an arrest warrant from a judge before arresting you.

After they call you tell you the warrant is completed, turn yourself in to the police station and a bail commissioner will set bail (if you have no record, live in the community, and the offense wasn't extreme, you will probably be released on personal recognizance bail). At that time you will be given a court date for which you must appear.

If you can't afford a lawyer, and the charge is a class A misdemeanor or greater, you are entitled to have a lawyer appointed to represent you.

Importantly, do not discuss the case with anyone, including any police officers, until you speak with your lawyer.

Good luck.

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Answered on 12/24/08, 10:12 am


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