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Accused of Shoplifting Based on Security Video

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  • 07-18-2016, 03:27 AM
    nalla
    Accused of Shoplifting Based on Security Video
    My question involves criminal law for the state of: Wisconsin

    I understand most people deny guilt, but in this case I did not shoplift and I believe the officer is corrupt.

    I will try to keep this as brief as possible and add any info as needed. I'm in need of immediate advice since my previous trial conference with the Village Attorney is today at 4:30pm.

    I was contacted by Officer L in the neighboring town on March 20 2016 regarding shoplifting a total of $1200 on 3 different days: Sept 28 and Oct 2, 2015 and March 19, 2016. I was told they have video of me entering dressing room with items and exiting without them. I told Officer L there was a mistake and would fight this in court with attorney. Over the next 10 days, he called 5 times, and sent my local PD (not his town's PD) to the house 3 times and on the 3rd time I was arrested on an unrelated charge for an Ohio warrant in which they had the wrong person.

    *Let me clarify, my ID was stolen in OH before I moved to WI in 2014 and that woman presented my ID when she got arrested taking drugs into a prison. Ohio took no fingerprints or mugshots of woman, only a written statement, so it took 6 days in jail to finally determined it wasn't me, based solely on my signature and she had a child with her and I proved mine were in school in WI that day. Charges were dropped.

    When I was arrested on April 1st at 8:30pm, local PD Officer A told local PD Officer B that Officer L (who was investigating the shoplifting) insisted that they call when I was in custody and BEFORE they took me to jail. I heard the conversation in which Officer B who was transportING me was asked by Officer L if I had said anything and he wanted to see me before they took me to jail. He offered a location 5 min away, where we waited for him to arrive. Officer L opened the door and showed me papers and said I was being charged with shoplifting and he would've went easy on me if I just confessed. But here's the important statement, "since you will be in jail in Ohio facing felony drug charges and unable to make your court date, you will have to call the courthouse." Officer L had no doubt I was guilty of Ohio charges and was sure I wouldn't be in Wisconsin to contest the charges or would be more focused on the bigger charges in Ohio. And here's the other kicker, I didn't see the citations until I was released at which time saw there were now 5, an extra 2 dated April 1st for the same store as the others. I have not set foot in that store since being accused! And all citations have same time of incident, 4:23pm.

    There are other details that go against logic such as the amount stolen, etc. But how do I fight charges when, a) I was there on the 3 dates so there is certainly footage of me, but I did leave the items behind, didn't steal and wasn't stopped, b) there are 2 bogus charges for the same day as my arrest where there will be no evidence since I wasn't there, c) Officer L clearly didn't have enough evidence to charge me and only did once he thought I was going to be extradited.

    Cannot hire attorney and public defenders don't handle municipal cases. I'm on my own, all advice will help. Thank you
  • 07-18-2016, 05:58 AM
    Mr. Knowitall
    Re: Accused of Shoplifting Based on Security Video
    The issue of what did or did not happen in Ohio, and what was involved in getting the Ohio charge dismissed, has no relevance to your shoplifting charges. Your speculation about the officer has no relevance to your shoplifting charges. The potential that you might have had to reschedule a Wisconsin court date if you were unable to attend due to the Ohio charge has no relevance to your shoplifting charges.

    If you are charged based only upon video evidence, but there is no video evidence for some of the times you are alleged to have been shoplifting, then you can use the absence of evidence to try to get the charges dismissed. If there is other evidence, such as testimony from store employees that they saw you shoplifting on or about the times of the other charges, you will have a more difficult time establishing that you were not present in the store on or about those dates and times, but you can see what you and your lawyer can establish using any available security video footage. If you are speaking of a minor clerical error on the tickets, with the question being whether you can defeat a criminal charge based upon a discrepancy between the time on the ticket and the time you were actually in the store, to the extent that it has not already been done the most likely outcome is that the prosecution will amend the charges to reflect the correct times.

    As for the incidents that are on video, once you and your lawyer have reviewed the video you can see what the video shows, and whether it better supports your version of events that you left the items behind, or their version of events that you were shoplifting. Presumably there will also be testimony from store employees that when they checked the dressing room after you left, the items you took in with you were not present; perhaps there is other evidence as well, such as price tags or removed security devices being left in the dressing room. At this point, we can only guess.
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