Legal Question in Criminal Law in Washington
video evidence
My friend was arrested for third degree theft. He has no prior convictions or arrests. He says that he has done this before at the same store, but was not ''caught''. He is not a malicious person, and obviously has a problem that he needs help with. He is worried that the store may have recorded his previous activity, and will use it against him for this current theft charge. If the store did record him in the past but did not make an arrest at the time it happened, can they use it now for this current charge?
1 Answer from Attorneys
Re: video evidence
One of the first things a person under arrest is told is "You have the right to remain silent." Your friend needs to heed this advice, particularly if asked about prior incidents.
The time for filing a charge of Theft in the 3rd Degree is 2 years from the date of the offense (statute of limitations). If video of previous thefts clearly depicts your friend, it may be enough for probable cause; however, proof of the crime also requires that he left the store without paying for the items.
With respect to the current charge, your friend should enter a plea of Not Guilty and seek competent defense counsel. There are several alternatives to entering a plea when one in fact has committed the offense.
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