Property Invasion, Damages, Trespass Scheming to Defraud.

[Manda]

I have a question. My boyfriend had seen this little scheme on the internet about printing bar codes. So he printed one.. and it was supposed to ring up as a calculaotr for $9.99. So, we went into a store.. and he put the sticker on the calculator, checked the price, then went and paid for it. Walked out. So, now the security people come out and tell me that they have me on video doing everything. I asked to see the video the refused. The Security guard told me there was two ways to go about it. I admit to it and he gets me with trespassing, that would be all. Or he would press charges. At this point I still told him I didn't do it and I wanted to see the video. So.. next the other guy tells me to shut up or I was going to jail. Then they tell me there is this huge group of people that are going around putting stickers on things like that and getting away with it. I have no prior recored at all. So I take his offer and say okay.. I did it. Bascially I repeated what he told me how this other group was doing it. As soon as the police show up he says hes pressing charges and that I admited to it. I was arrested and charged with scheme to defraud. Now.. there is absolutely no video of me doing it.. becuase I didn't do it. I guess what Im asking is.. If i got a lawyer can I fight against it? I was never read any rights so the police cannot use what i said.. and the security guard and no video and I wasn't recorded. Basically if they have any video they have is me checking the price on the item and paying for it.

 

[chyanne]

How do you get a reply?

 

[Michael Wechsler]

To begin, your statements could likely be used against you since they were made to civilians, not police officers. Miranda would not seem to apply in this instance. It will come down to your word against the security guards. You may wish to speak to an attorney with regard to the hope that you'll be able to avoid this going to court (especially if this is over a very small amount of money) and if not then perhaps you'll get probation which will be recorded as a dismissed case if you complete it satisfactorily. If they do have a video of you paying for the item, think about how much the item cost in comparison to what you paid and whether that may have tipped off the clerk that you had tried to scam them -- getting a DVD player for $10 might make it pretty obvious as to what happened and that you knew what was going on.

Originally posted by Manda
I have a question. My boyfriend had seen this little scheme on the internet about printing bar codes. So he printed one.. and it was supposed to ring up as a calculaotr for $9.99. So, we went into a store.. and he put the sticker on the calculator, checked the price, then went and paid for it. Walked out. So, now the security people come out and tell me that they have me on video doing everything. I asked to see the video the refused. The Security guard told me there was two ways to go about it. I admit to it and he gets me with trespassing, that would be all. Or he would press charges. At this point I still told him I didn't do it and I wanted to see the video. So.. next the other guy tells me to shut up or I was going to jail. Then they tell me there is this huge group of people that are going around putting stickers on things like that and getting away with it. I have no prior recored at all. So I take his offer and say okay.. I did it. Bascially I repeated what he told me how this other group was doing it. As soon as the police show up he says hes pressing charges and that I admited to it. I was arrested and charged with scheme to defraud. Now.. there is absolutely no video of me doing it.. becuase I didn't do it. I guess what Im asking is.. If i got a lawyer can I fight against it? I was never read any rights so the police cannot use what i said.. and the security guard and no video and I wasn't recorded. Basically if they have any video they have is me checking the price on the item and paying for it.