Re: Shoplifting at Walmart, Police Involved
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honeytea345
I was given no citation or ticket and no I was not arrested, and I'm not acquainted with how that works but I figure I would have been read my rights and taken away? I was just told that I was banned from all Walmarts and would be receiving a letter of Civil Demand. The police told me that if I did not pay the fine it would be come a criminal issue, so is it not one now? And they told me that if my mother had not been there to get me, they would have taken me to Juvi.
My question is whether or not I was arrested and whether or not I was charged.
A traditional arrest is the physical taking of a person into custody to answer for a crime. That means some type of processing center/jail.
Let's assume you were arrested and released with a citation, if in fact this doctrine exists. If we accept this doctrine, if you were not issued a citation, then you were not arrested.
This does not mean charges can not be forthcoming, but if the police took no action on scene, it appears WM settled on banning you only, as the police need thier testimony to prosecute.
Re: Shoplifting at Walmart, Police Involved
A "citizens arrest" took place when store detained him. Now if the Police recorded that or not we cant say. If charges are not forthcoming then I suspect not
Re: Shoplifting at Walmart, Police Involved
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honeytea345
And will I have to appear in court? :wallbang:
As it stands now, no, count yourself lucky. However, this does not mean that they will not file charges and they will not take you to court, at this point you can only wait and hope. Make sure you pay your civil demand when you receive it, otherwise there is a higher chance that they will try to prosecute you.