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  1. #1
    Join Date
    Jul 2010
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    Default Re: Wrongfully Accused of Shoplifting in Georgia

    I bet I could guess which store it was, not the actual location but the chain.

    Quote Quoting DavisDJ
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    1) did she completely screw herself by signing that form at the dept store?
    It isn't going to help her.
    Quote Quoting DavisDJ
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    2) is there any way to get a copy of the surveillance video to see if A) she actually did it, or B) if the LP guy happened to go out and grab the bracelet and bring the bracelet back in when he took his little break
    Her attorney can subpoena the video but they should do it quickly, lest it get recycled. It is possible there is no video, it could have all been floor surveillance but I doubt it. If there is video of the theft, that will likely be turned over to police/prosecutor. As for if he went back and got it, depends on how good their video coverage is. If there is dedicated coverage of the area, and a subpoena is issued quickly, it might be obtainable.

  2. #2
    Join Date
    Apr 2015
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    Default Re: Wrongfully Accused of Shoplifting in Georgia

    Is there a way for her to subpoena the video herself or without an attorney? If it has to be with an attorney, are there any strategies to do this in a cost effective way, or strategies for finding an attorney who will do it without charging an arm and a leg?

    Plus, do they not need actual video surveillance of this in order to make a conviction in court?

  3. #3
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    Default Re: Wrongfully Accused of Shoplifting in Georgia

    No they don't need the video to prevail in court. There's no way she's going to beat this without legal representation.

  4. #4
    Join Date
    Oct 2014
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    Default Re: Wrongfully Accused of Shoplifting in Georgia

    She may subpoena the video herself if she knows how to do it. If she doesn’t, she’ll need a lawyer to do it for her. If the state has the video then the video can be obtained from the prosecutor through discovery. She’ll need a lawyer’s help with that, too, if she doesn’t know how to do that. She might qualify for the appointment of a public defender if she’s indigent. Otherwise, she’ll need to find an attorney on her own to help her with this. Note that the state doesn’t need a video to win conviction on shoplifting charges. The testimony of the store employees, if believed by the jury, would be sufficient. After all, people were prosecuted and convicted of shoplifting long before video was invented. Being in police custody approximately 4 hours is not a violation of her rights and certainly isn’t something that will result in dismissal of the charges against her.

  5. #5
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    Default Re: Wrongfully Accused of Shoplifting in Georgia

    Quote Quoting Taxing Matters
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    She may subpoena the video herself if she knows how to do it. If she doesn’t, she’ll need a lawyer to do it for her. If the state has the video then the video can be obtained from the prosecutor through discovery. She’ll need a lawyer’s help with that, too, if she doesn’t know how to do that. She might qualify for the appointment of a public defender if she’s indigent. Otherwise, she’ll need to find an attorney on her own to help her with this. Note that the state doesn’t need a video to win conviction on shoplifting charges. The testimony of the store employees, if believed by the jury, would be sufficient. After all, people were prosecuted and convicted of shoplifting long before video was invented. Being in police custody approximately 4 hours is not a violation of her rights and certainly isn’t something that will result in dismissal of the charges against her.
    She was actually held overnight.

  6. #6
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    Oct 2014
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    Default Re: Wrongfully Accused of Shoplifting in Georgia

    Quote Quoting geek
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    She was actually held overnight.
    I see that she was, yes. She was evidently given bond and allowed to make the call after 4 hours. She apparently couldn't make the bond that night and stayed in jail overnight. While holding her overnight on bond is not a violation of her rights, not allowing access to a bathroom and/or not providing her her medication might be. However, even if that was a violation of her rights, it would not result in dismissal of the charges. It would instead be the possible basis for a civil lawsuit against the jail. The issue, though, is what damages she suffered as a result of it. If she suffered little in the way of damages (e.g. no medical expenses incurred, no physical injury, etc.) then there is nothing for which to sue.

  7. #7
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    Default Re: Wrongfully Accused of Shoplifting in Georgia

    Quote Quoting Taxing Matters
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    I see that she was, yes. She was evidently given bond and allowed to make the call after 4 hours. She apparently couldn't make the bond that night and stayed in jail overnight. While holding her overnight on bond is not a violation of her rights, not allowing access to a bathroom and/or not providing her her medication might be. However, even if that was a violation of her rights, it would not result in dismissal of the charges. It would instead be the possible basis for a civil lawsuit against the jail. The issue, though, is what damages she suffered as a result of it. If she suffered little in the way of damages (e.g. no medical expenses incurred, no physical injury, etc.) then there is nothing for which to sue.
    I have to wonder about the bathroom part..don't most holding cells have a toilet? At any rate, she should talk to an attorney in her area..

  8. #8
    Join Date
    Apr 2006
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    641

    Default Re: Wrongfully Accused of Shoplifting in Georgia

    Quote Quoting geek
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    I have to wonder about the bathroom part..don't most holding cells have a toilet? At any rate, she should talk to an attorney in her area..
    She needs to subpoena the CCTV footage from all cameras 1 hour before the incident and 1 hour after the incident. If this chain has a red star in their logo, you need to move fast, they don't save footage that long. They also usually have CCTV in the camera control room and the holding area. It is key to obtain all footage.

    She will also need to subpoena the employee who helped her out and have her deposed and/or testify on her behalf.

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