Legal Question in Criminal Law in Minnesota

Shoplifting

I have been accussed of shoplifting. The police contacted me and said that a store told them that I was seen shoplifting. The police told me that they identified a previous photo of me and want me to clear it up. What should I do?


Asked on 3/14/03, 4:44 pm

2 Answers from Attorneys

John Alme Alme & Strootman, L.L.P.

Re: Shoplifting

You have a constitutional right to NOT speak with them. Often the easiest way to invoke that right is to have an attorney communicate it to the authorities for you. By having a telephone conversation with them, people frequently end up saying things they may not realize can be used against them, or say things that seem innocent enough, but may well be useful to any potential prosecution. By all means, speak with a lawyer about the specifics of your case prior to having any conversation with the police. You can call me or any number of other criminal attorneys who would likely speak with you about it at no cost.

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Answered on 3/17/03, 5:32 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Shoplifting

It's your decision what to do. Before speaking to police, it would be wise to speak with a criminal defense lawyer. Police generally ignore information suspects give which tend to show innocence, and focus on admissions which can be interpreted as showing guilt. Most people convicted of crimes -- both the guilty and the innocent -- are convicted due to things the police claim the person said to them. Therefore it is generally best to avoid speaking with police unless your lawyer is present to protect you from their tactics, which include psychological tricks and deceit. You have no obligation to speak to police, whether or not you have been arrested. The best practice is to remain silent and only insist upon a lawyer, repeatedly.

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Answered on 3/14/03, 5:46 pm


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