What should I do if I am being investigated for retail theft? 4 Answers as of March 14, 2011

Yesterday I received a call from an investigator from the police department. What happens at this point?About 8 months ago, co-worker and I were terminated for giving each other discounts that got us both about $500 dollars worth of merchandise. We were terminated and no police were called.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
What most likely will happen is the investigator will finish his investigation and the police will then give the report of investigation to the prosecuting attorney who will then decide whether to file criminal charges. If criminal charges are filed you should hire an attorney. V
Answer Applies to: New York
Replied: 3/14/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
I watched a murder trial today where the defendant not only admitted that he robbed a man in a drug deal rip off, but also waived his right to an attorney, signed a confession, and then agreed to answer questions about he case on video. His story was that he did not shoot the victim, he only robbed him, and that he did not order the killing as was reported by an eyewitness. Little did he know that the felony murder rule would get him 25 to life for being part of a robbery that resulted in a death, no matter who caused the death.His attorney did not accept he 18 year plea offer, perhaps because she was being paid by the hour by the state and could make $10,000 to go to trial instead of $1,000 to take a plea. Perhaps her client insisted on a trial and she did not explain to him that he had no chance of winning and would get 25 years to life when convicted. Three of the lawyers in the courtroom mentioned how inept the defense attorney was and how poor her summation was, and we all thought that she was unprepared and lacked the ability to handle such a case. You should always retain a private attorney who is experienced in criminal law if you can afford one, public defenders are sometimes very good and sometimes very bad, and everything in between. Any attorney will tell you that all criminals have three things in common. They are stupid, they are selfish, and they listen to the police and their cell mates while ignoring their lawyers advice. They never understand that they should say nothing, ask for an attorney, and never believe anything the police tell them to get them to "cooperate so that things will go better for them". You should never talk to the police or anyone except an attorney about any case or potential charges. Any deals that are cut should be made between your attorney and the DA, not the police. The police do not want to help you, they want to get a confession. They want you to consent to search your car or your person. They want you to informon your co-defendants. Once you have confessed the DA has a sure conviction and this takes all the bargaining power away from your attorney. Now the DA doesn't have to worry about going to trial because you are going to be convicted by your own words. About half the people that are arrested eventually confess to either the police or to the DA. In Manhattan the DA usually interviews the people who are arrested and often gets them to make admissions and inculpate their co-defendants. The police will ask people to set up others on gun and drug charges or to give them information in order to "help their case".This is a very effective way to get unsophisticated and uneducated criminals to inform on others, confess, and walk themselves into long prison terms.If people could just keep quiet and demand an attorney they would be much better off and stand a better chance of getting the best possible results under the circumstances of their arrest, but they are stupid, they are scared, and they will do or say anything the police and DA want to help them selves out...or so they think. You made a mistake, learn from it and stay straight. Do not talk to anyone, not even your friends. Retain an attorney and tell the police to call him. Life is about making good decisions. We learn to make good decisions the hard way...by making bad decisions. This is because no one ever listens to good advice..or their parents.
Answer Applies to: New York
Replied: 3/13/2011
Law Offices of Carl Spector
Law Offices of Carl Spector | Carl Spector
Generally speaking if a detective wants to speak with you, DON'T. Do not provide the police additional information to help make their case against you. Contact and retain an attorney. Have the attorney speak to the detective for you. If the police want to charge you, the attorney can arrange a surrender to make the arrest and the arraignment much smoother.
Answer Applies to: New York
Replied: 3/11/2011
Raiser & Kenniff, PC
Raiser & Kenniff, PC | Steve Raiser
The rule of thumb is to retain an attorney immediately so that your attorney may contact the police. This may avoid you being picked up on an arrest warrant from work or school or from your home. Once the police know you have an attorney they will allow you to surrender yourself and they will not attempt to question you. Please let us know if we can be of any further assistance.
Answer Applies to: New York
Replied: 3/11/2011
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