Legal Question in Criminal Law in Texas

Yesterday I made a stupid decision and decided to shoplift at dillard's. I had already bought $100+ worth of merchandise when it happened. I walked into the juniors department with my purchased merchandise. i picked up a pair of miss me jeans ($98) and proceeded to pick up 2 shirts (both valued at around $44 a piece), I walked into the dressing room, proceeded to take the tags off the first shirt i picked up (when i picked it up i put it between the jeans and the other shirt i was holding so the store employee didn't really see it when i walked into the fitting room) and then. hid it in one of the bags. when i walked out the employee ask if everything fit i told her no and handed her the 2nd shirt and the jeans. i walked out of the store and the LP walked out and said he needed to speak with me and to follow him so i did. walking inside he said they knew what i had taken and had proof and when we got to the back of the store he told me to sit on a bench. he then said to give him everything i had taken, i immediately reached in the bag and handed him the shirt. a short time late 2 female managers walked up and began searching through my bags and proceed to search my purse and she if i had any drugs or anything on me. the store called mall security and the police. I was given a paper by dullards to sign asking for my DOB and my SSN and my signature and it stated i was banned from dillard's for life. new the mall security walked up ask if i had stolen before, i explicitly stated no and they said that they were just going to cut me a break and not ban me from the mall for a year, the security guy looking at video proceeded to tell the mall security that he started watching me by the miss me jeans and that obviously i had stolen before. the mall security proceeded to tell me that they didn't appreciate being lied to and made me sign a paper stating i was banned from the mall for a year. while all this is occurring the LP is standing next to me asking if i have a record and if i need to go to the restroom, stating that the restroom gets awfully crowded in jail so i probably would want to go now. when the officer got there 2 hours later he ask me to stand up and proceeding to handcuff me and said i was being arrested (although he never read my miranda rights). i sat on the bench for about 10 minutes as he was doing paperwork and then he started to look through my bags and the store managers told him they had already done so, then he picked up my purse and looked through it (one of the managers had already done so as well). he then proceeded to uncuff me and made me sign a ticket for theft under $50 (on the ticket he also wrote my birthday instead yesterdays date). he then proceeded to walk me outside and then got in his car as i walked around the building to mine. my question is if there is any way i can fight the ticket? I know i was in the wrong, but i don't think the situation was handled properly. this occurred yesterday (May 25, 2012) around 4:15pm in San Antonio, Texas


Asked on 5/26/12, 3:00 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Hire a lawyer. Theft is a crime of moral turpitude that could hurt you for the rest of your life.

Miranda rights only apply to suppress statements made in response to custodial interrogation. The case still proceeds despite such a violation.

The proper thing to do was ticket you because the item was under $50. The fact you were held for 2 hours is of no consequence.

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Answered on 5/31/12, 11:13 am


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