What gets theft charges thrown out of court? 4 Answers as of October 14, 2014

I was arrested for retail fraud, which was an honest mistake. I didn't scan items in my cart and paid for half of the items, I was confronted in an unreasonable manner without a chance to fix the mistake I had made by paying for the items I was made to believe we had to go in the office where I would be able to pay for the items there so I didn't have to wait in line, from there I was interrogated and was told to "stop lying and admit You intended to not pay for these items", that wasn't the case at all, I simply somehow overlooked the items. I was searched "pat down" I had nothing concealed, I was in the security office for well over an hour before the police were called, that's unreasonable and is considered "false imprisonment " I was told after I asked can I leave now, "that under any circumstance You cannot leave". I was willing to pay for the items and was denied because they said I didn't have enough cash to pay for the items but I had my debit card. The security made an assumption that I intended to steal which I didn't and no proof of concealment was provided. I'm pleading not guilty and I have a bench trial scheduled in 3 weeks. I was detained illegally by a non-authority figure how do I go about this?

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Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
Unfortunately, you probably were not detained illegally. Business owners have what is known as a 'shopkeepers privilege' to detain persons that they suspect are trying to steal from their establishment for a reasonable amount of time until the police can get there. You can certainly argue that the amount of time was unreasonable, and that you fully intended to pay for the items but simply forgot. If you have a clean record this will help prove this point as well.
Answer Applies to: Michigan
Replied: 10/14/2014
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
You definitely need a lawyer. Do NOT under any circumstances try this on your own. Borrow money from friends, family, or take out a loan if you have to but do not represent yourself at trial. Even if there is little chance you could go to jail, you still don't want a crime of dishonesty to follow you around on your record.
Answer Applies to: Michigan
Replied: 10/6/2014
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Get a lawyer, period. You have already made a mistake by waiving your right to a jury trial. You need counsel on board asap.
Answer Applies to: Michigan
Replied: 10/3/2014
Hamblin Law Office | Sally Hamblin
No you were not unlawfully detained. You failed to pay for items. That is shoplifting. You can retain an attorney to advocate the best deal possible. If no prior record that is a good thing to use.
Answer Applies to: Michigan
Replied: 10/3/2014
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