Shoplifting, Larceny, Robbery, Theft Work Place Theft

[Snipe3286]

Jurisdiction

Idaho

I was caught taking cash from my place of business, roughly $1,000. I have not been formally charged yet. My Loss Prevention Officer did call the police and they came, got my information, and said to contact a lawyer as they were going to have me come down to the station in a few days to answer some questions. I do not have the money to retain a lawyer and everything I am reading says to NOT go down and talk to the police without a lawyer to represent you. I am not sure what my options are at this point. Can I ask for a public defender at this point or do I have to wait until I am officially charged? Will they charge me with the crime before they have me come down to the police station and then at that point I can ask for representation?

 

[shrinkmaster]

I am a Retail Theft consultant and answer questions like yours daily. If requested to be interviewed you may grant request but first words out of your mouth should be "I want a Lawyer" after that you answer no questions!

 

[army judge]

Can I ask for a public defender at this point or do I have to wait until I am officially charged?

DON'T ever submit to an interview with ANY law enforcement person or agency, that includes the prosecutor or DA.

If they take you to the interview room, this is what you say, "Sorry, I will remain silent and speak only to MY lawyer about this matter."

READ ON:

You can request a public defender during your first court appearance.

When you are booked, make no comment about the case, except to say, "Sorry, I will remain silent and speak only to MY lawyer about this matter."

It is okay to provide your name, date of birth, address, marital status, social security number, and other personal details.

Do not say one thing about the case, BEFORE or AFTER you utter those words in quotes above.

Will they charge me with the crime before they have me come down to the police station and then at that point I can ask for representation?

It doesn't matter when you are charged, as you now know what to say when ANYONE other than your lawyer asks you to talk about the case, or any other case.

Be of good cheer, because you might not get charged.

Why?

The prosecutor might decline to accept the case.
In fact, there's about a 50% chance in cases like these that the prosecutor declines to pursue the case.
That is ONE reason of about TWENTY why you should keep "yer YAPPER shut".

Again, you say, "Sorry, I will remain silent and speak only to MY lawyer about this matter."

 

[adjusterjack]

everything I am reading says to NOT go down and talk to the police without a lawyer to represent you.

Watch this video to learn why.

 

[4Justice_MD]

I was caught taking cash from my place of business, roughly $1,000. I have not been formally charged

First off,you could be looking at a felony theft charge,given the dollar amount.That of course depends on Idaho's law,but all jurisdictions have laws regulating theft over a specified dollar amount,that constitutes a felony instead of a misdemeanor.Just saying this to make you aware of the possible seriousness of the matter.

My Loss Prevention Officer did call the police and they came, got my information, and said to contact a lawyer as they were going to have me come down to the station in a few days to answer some questions.

Just as others have said,"zip" it,and don't say a word,except that you are exercising your 5th Amendment,right to "remain silent,"and that you want a lawyer.
I want to make something very clear here on this point.The said evidence against you could be very weak,so that a prosecutor isn't willing to pursue it at all,but if you go in for this interview,and agree to answer questions about this theft,than you most likely will give them incriminating admissions,just short of a confession,that will make the state's case,a good solid one.
Most likely,if they already think they have enough evidence,they will formally charge you anyway,so,it not like,"ok buddy,we gotcha now,so you might as well confess."

. Can I ask for a public defender at this point or do I have to wait until I am officially charged?

You do have a right to an Attorney,and to have that Attorney present during all Police questioning,but at this early investigating stage of the process,the Attorney,you have a right to,is one that you can afford,and not the public defender,you have a right to,should you end up being charged.
also,once you invoke your right to remain silent,(as you should,)all questioning must immediately cease,so no questioning,means you don't need a lawyer..
If you are formally charged,and cannot afford an Attorney,you can ask the court to appoint you one at your first appearance.

 

[4Justice_MD]

Btw...Please,"DO NOT" give us on here,or on any social media site,the details of this theft,as,these boards are open to everyone to see,and are not private.Whatever you say on here,can also be used against you,should your case go to trial.

 

[mightymoose]

I agree with the above. Say nothing. However I will add that you don't even have to go to the police department if they call and ask you to come. Simply tell them you are busy brushing your teeth or something.

There is absolutely no circumstance in which you should speak to police about what happened.