Legal Question in Criminal Law in Texas
Was she arrested?
How do i know if my daughter was actually arrested? She was caught shoplifting by store security. The police came, handcuffed, DID NOT read her her rights, then filled out a complaint/affidavit form on her that she had to sign. Then they released her to us and said the court would be in contact to setup a court date. So was she arrested? Will this qualify as having an arrest record?
1 Answer from Attorneys
Re: Was she arrested?
It is difficult to know without seeing the file, but probably. Often when the case is a Class C misdemeanor, the police just ticket the person, and they will get a notice from the court within a few weeks.
As for your comment about reading her, her rights, this has a bearing, if the state wants to use any statements she made as evidence against her (after she was in 'custody').
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