Shoplifting, Larceny, Robbery, Theft I Think I Am Being Railroaded!!

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frediab

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My jurisdiction is: Georgia

About a week ago, I took two of my friends to the mall to get some t-shirts airbrushed. I go tried from walking around in the mall, and decided to sit in the car with my friend's son while my friends looked around some more. A few minutes later I saw mall security trying to hold my friends inside the mall. I would later learn that they suspected them of shoplifting. I was also arresting for being with them and my car was searched for other items that could have possibly been stolen from the store. There was a bag in the car with clothing, not mine, that they presented to the clothing store to see if it belonged to them. A personnel from each department in their store was called but no one verify that the clothing belonged to their store but we were still taken to jail. I would later find out the clothing did not come from the mall but from TJ Max and they still have not verified if it was indeed stolen. I don't understand why I was still taken to jail if my friend never left the store with any stolen goods, the clothing in my car was found to not belong to the clothing store in question and I also was not read my Miranda Rights upon being taken to jail. It was as if they just took me to jail with the hopes of trying to pin something on me, with or without evidence. I have already gone to the preliminary hearing where evidence is suppose to be presented for my lawyer to cross exam but no one showed up from the store or the police department, however I was offer a deal of 7 years probation and a $700 fine. This does not seem right when you consider that I have never been arrested, no one showed up to present evidence, and the clothing found in my car has not proven to belong to mall or even if it is indeed stolen. Please help, I don't know what else to do.:(
 
What does your lawyer recommend you do?
 
It was as if they just took me to jail with the hopes of trying to pin something on me, with or without evidence. I have already gone to the preliminary hearing where evidence is suppose to be presented for my lawyer to cross exam but no one showed up from the store or the police department, however I was offer a deal of 7 years probation and a $700 fine. This does not seem right when you consider that I have never been arrested, no one showed up to present evidence, and the clothing found in my car has not proven to belong to mall or even if it is indeed stolen. Please help, I don't know what else to do.:(
I suspect that if the story is as you say, and that you are not directly tied to your friends' shoplifting, then your attorney should be able to get the charges dropped. However, if your friends told the cops that you all came there together with the intent to steal stuff, then your goose could be cooked.

If you cannot afford an attorney, the court should appoint one for you.

- Carl
 
I still don't understand how they can make an arrest with no evidence and why I was offered a deal with no evidence at all!!
 
I still don't understand how they can make an arrest with no evidence and why I was offered a deal with no evidence at all!!
The evidence might be weak, but I doubt they acted with NO evidence. An arrest requires only "probable cause", it does noty require absolute certainty. And, it is always possible that your friends gave you up as part of the little conspiracy.

In any event, if the story is as you say, and no one threw you under the bus, then your attorney can likely get the DA to drop the matter or deal.

- Carl
 
your attorney should have asked for a dismissal on these grounds. If the cop doesn't show up he gives up the case. If he wants to re-file he can bring you back to court on the charges but he has to do that at this point. why didn't your lawyer do this? He doesn't get paid to get your case done and over with.
 
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