Legal Question in Criminal Law in New York

Petty Theft & New York

Hello,

My brother who lives in Rochester, NY was charged with Petty theft and he did not commit this. He had an argument with the store manager few days ago and I think he just accused my brother of stealing this morning to get back at him. He walked behind my brother in the parking lot and when my brother opened the trunk to put the baby carriage the manager peaked into the trunk and asked to see the receipt of the items in the trunk. My brother didn't have the receipt since they were purchased few days ago and were just sitting in the trunk. Does he have any right to ask of things sitting in the trunk? He did not accuse him of stealing now but earlier that morning. My brother got offened and told me to back off. He called to cops and they arrested him based on what he said. Then he also said he stole from them before but when officers asked them why didn't the complain earlier he said they couldn't catch him. Mind you he had a baby with him. They have no evidence. Few questions 1. Can they do this? 2. can we sue the store for wrongful arrest and they emberassed him in front of everyone? 3. Can we sue them for the legal fees? He has no reason to steal nor did he do it. He didn't do it. what are our options? Please advise.


Asked on 7/07/07, 10:50 pm

3 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Petty Theft & New York

You are going to need a lawyer if you want to win this. Yes if your brother is wrongfully arrested you do have a lawsuit against the arresting police agency and the store and the manager.

They can arrest him based on the complaint of the store manager however the case appears weak. Legal fees can be recovered in a sucessful lawsuit for false arrest and illegal detention.

Our office handles cases like this one, so if you want to speak to me or my collegues you may contact us through the links below or if you want us to come to court on behalf of your brother tonight (assuming he is lower NY and not Rochester) you may call us at 516 741 3400.

Good Luck.

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Answered on 7/07/07, 10:56 pm
rajeshwar sharma rajeshwarnathsharma

Re: Petty Theft & New York

Theft is theft may be petty.

Cops duty is to act upon the complaint.

You can sue if the complainant if he fails to prove the case against you and you can also claim the fees and compensation for defaming you in the public. It advisable to you to consult attorney/lawyer

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Answered on 7/08/07, 12:32 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Petty Theft & New York

you would have acase against the store and/or the police department but this all depends on what the result of the criminal case is... if for instancehe pleads and accepts responsibility for any crime I may seriously affect his possibility to recover damages in a civil suit... ideally, you should hire someone to handle both cases so that there will be symmetry between both cases and one will suppot the other.

If you would like further assistance, or to further discuss this case, feel free to contact my office through email or by phone at 2127098303.

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Answered on 7/08/07, 8:30 am


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