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  1. #51
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Arrested and Convicted Based Upon False Testimony of Store Employees

    Quote Quoting TechWorker
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    If these court employees are not licensed attorneys, then they should not be giving you legal advice. Their advice could be grounds for an appeal.
    There is no legal advice in there. They are just explaining how the court system operates. That they may have stretched the truth is another matter entirely.

  2. #52
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Arrested and Convicted Based Upon False Testimony of Store Employees

    Quote Quoting TechWorker
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    If these court employees are not licensed attorneys, then they should not be giving you legal advice. Their advice could be grounds for an appeal.
    Per the OP all the court employees did was suggest that a jury trial would take longer to resolve than a bench trial. And typically that’s true. In any event, that’s not going to be a good basis for an appeal. It was the OP’s choice whether to ask for a jury trial or not. He can’t win an appeal on the basis that he now regrets the choice he made.

  3. #53
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Arrested and Convicted Based Upon False Testimony of Store Employees

    Quote Quoting TechWorker
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    If these court employees are not licensed attorneys, then they should not be giving you legal advice. Their advice could be grounds for an appeal.
    Doubtful. And, I'll wager that the information they provided was not "legal advice." But, hey, if all he has are Hail mary's - and he has the money to pay attorneys - he can try anything.

  4. #54

    Default Re: Arrested and Convicted Based Upon False Testimony of Store Employees

    Quote Quoting cdwjava
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    Even if the staffer did not adhere to policy, that does not mean that the information is insufficient for a criminal prosecution. Procedure is not the law. Violating procedure can result in discipline from the employer, but does not render any statements, observations, or other evidence inadmissible - by itself - in a court of law.

    Oh, and it's not sucky for no promotion. My son who works there is going to school to be a Social Worker, and this job works with his college schedule.

    As for the video, it may not exist now, but it may have existed at one time. We have had that problem before at out local store where we witnessed the video, but that the video could not be downloaded, or, was obliterated when they transitioned systems. That does not mean it does NOT exist. But, the employee's testimony of what he saw, and even if he saw video later, IS evidence, even if no hard copy of the video could be produced. How much weight it should be granted is up to the trier of fact.
    Pretty shady to say well it did exist...If they based an arrest on a video but fail to produce said video at trial it should be a wash. I take not of your last statement...the weight is decided by the judge...And its pretty obvious to me convicting someone on video evidence that doesn't exist is insane because there was no video.

    Quote Quoting Taxing Matters
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    Per the OP all the court employees did was suggest that a jury trial would take longer to resolve than a bench trial. And typically that’s true. In any event, that’s not going to be a good basis for an appeal. It was the OP’s choice whether to ask for a jury trial or not. He can’t win an appeal on the basis that he now regrets the choice he made.
    true, was not even considering that route! I was looking at how I would challenge how the judge arrived at his decision. The witness was discredited, tape didn't exist...remember I paid for the item and he ask me for it and refunded it before I left the store. I have no idea how this wasn't thrown out

  5. #55
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Arrested and Convicted Based Upon False Testimony of Store Employees

    Quote Quoting affirmativeActor
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    FUNNY YOU MENTION THAT I found the Walmart Policy on this and used it in court. At first the LP would not admit that it was current policy but said he was very familiar with the contents. Upon further prodding he did state it was the basis for all actions and corporate policy. Point by Point he was asked if he followed protocol and he said he did. When asked about constant observation he maintained he was 5 feet away the entire time. When asked if his decision to call police was based on policy...he said NO. So the value was below $10, There was no threat, Suspect was cooperative and provided ID, and suspect was not a repeat offender. Basically he ignored the rules...but no way he didn't follow proper procedure related to anything else. Right!



    that sucks


    Maybe not for promotion...perhaps to keep the job...Either way my experience was not this way. It was a total farce even claiming video evidence confirmed....but in court it was admitted under oath NO SUCH VIDEO EXIST.
    Policy is irrevant. As long as their actions were legal, that is all the courts care about.

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