Legal Question in Criminal Law in Virginia

Shoplifting and Grand Larceny

I shoplifted in a Sears store, a belt a dress shirt and several blank t-shirts.My son was with me.I got into the parking lot beside my car the store detectives came out and asked me to come inside and told me that if I cooperated with them and signed a form stating that I would not come back into their store for 3 years and write a statement then they would let my son and I leave.I told them several times that I wanted to speak to an attorney first,they said there was no need since they were not going to involve the law.After I signed and wrote the statement the police came in and read me my rights.When he got to the part about ''if I wanted an attorney''I stopped him and said yes. The officer stated also that I did not need one.I also asked to see the amount of the merchandise to see if it was over 200.00 he said no and that it was over 300.00 which it could not be.The magistrate set my bail at 1000.00 and stated it was a felony. Why could I not have an attorney present?Why would they not let me see the amount? Can they tell me that they were not going to call the cops to get me to sign a confession.I signed it because my son was already involved and I did not want him there any longer.


Asked on 7/13/03, 4:10 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Shoplifting and Grand Larceny

These are all excellent questions which you should now be asking either the defense counsel which you have retained to represent you in this felony matter, or the one which the court will appoint, hopefully, to represent you, in the event that you cannot afford to hire one of your own.

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Answered on 7/13/03, 11:05 pm
Scott Nolan The Law Offices of Scott C. Nolan

Re: Shoplifting and Grand Larceny

Neither the police nor the store were required to let you speak to an attorney. However, under the law, the Police must cease interrogating you once you have asked for an attorney.

This is the reason that the store security officer got you to sign a confession before the Police arrived. And, of course, Police lie to suspects all the time. It's part of their job.

That said, there may be a good argument that your confession was coerced and that the Store Detective was acting on behalf of the State if he cooperated with the Police in obtaining your confession while the Police simply waited outside. If this is the case, the confession may be excluded from evidence by the Judge.

Be aware, however, that if the Detective witnessed the crime, that his testimony is still admissable even without your confession.

Any time you are accused of a felony, it is highly advisable to check with a qualified attorney.

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Answered on 7/15/03, 3:29 pm


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