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  1. #1
    Join Date
    Mar 2018
    Location
    Cedar Park, Texas
    Posts
    1

    Question Falsely Accused of Theft Due to Mistaken Identity

    My question involves defamation in the state of Texas

    I have been charged with theft at a store based off a video surveillance identifying a woman that resembles myself. The detective informed me that they printed a photo of my face and posted it in the employee break room, when I questioned why they would post my photo in the break room when I have never in my life been in trouble with this store before he stated that they post everyone's picture up that looks suspicious. I then replied ell isn't that discrimination because almost everyone looks suspicious he quickly moved on to the next topic. He then asked me if I was curious as to how they found me, I responded not really because I wasn't aware that anyone was looking for me because I have not done anything wrong.

    He stated that one of the security guards recognized not only myself but the vehicle I was driving at the time from 2 to 3 years ago, I then stated again well I don't see how that is possible because I have never been in trouble with this store and that vehicle you have a picture of I have not owned even a year, I just got that car 8 months ago. Later while waiting in the courtroom to get reset my attorney allowed me to look at the evidence that they had and it was a store employee that pointed me out not a security guard. The reason this is a big factor is that it just so happens that there is a woman at this store that I know very well, and her and I had a MAJOR falling out back in 2005 where she verbally threatened to get me back due to her believing I set her up and reported her for her actions to the police.

    I am also a good target for any detective because they feel I fit the profile, due to I have 2 priors for theft dated back in 2001 and then again in 2007. As well as I am undergoing a lawsuit with the state of Texas right now due to my record indicating I have more criminal charges than I actually do. In other words I have 5 charges for Credit Card Abuse that come on my background whose cause number belongs to someone else, and 3 more credit card abuse charges come up where 2 of them are the same cause number and that cause number was dismissed and the 1 charge for credit card abuse is the only one that is factual and that occurred back in 2004. I feel like I have been Wrongfully Profiled as a Thief and honestly set up. What are you thoughts and what can be done about this situation.

    I am just trying to live my life raise my kids and move on from my past that keeps haunting me from 14 years ago, I have been wrongfully accused of a crime now this being the 3rd time. Please if anyone can help me I would be ever so grateful.

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Falsely Accused of Theft Due to Mistaken Identity

    You can go to court and let the judge decide who is more credible. The judge can determine the truthfulness and accuracy of the testimony of you and each witness.
    Quote Quoting startatious83
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    The detective informed me that they printed a photo of my face and posted it in the employee break room, when I questioned why they would post my photo in the break room when I have never in my life been in trouble with this store before he stated that they post everyone's picture up that looks suspicious. I then replied ell isn't that discrimination because almost everyone looks suspicious he quickly moved on to the next topic.
    I would put a paycheck on it that you misunderstood the detective. He must have told you that they put pictures of known people that they are looking for because of theft, not because they're suspicious.

  3. #3
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Falsely Accused of Theft Due to Mistaken Identity

    Please share the details you left out. I guarantee there is more evidence in your case than the fact that you look like a person stealing in a surveillance video. What else do they have on you?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Falsely Accused of Theft Due to Mistaken Identity

    At this point it sounds like the store employees, police, and prosecutor have all looked at the surveillance video, and have all looked at you, and have concluded that the person in the video is in fact you. On top of that, this is a store you frequent. If you have a doppelganger who is in your community, one would expect that you would have some sense of who it might be due to other incidents of mistaken identity, or even a direct encounter.

    You can talk to your lawyer about the possibility of having the video analyzed by a photogrammetry expert, to try to prove that the person in the photograph is not in fact you. You should anticipate that you would have to pay for the expert's services. Photogrammetry experts analyze measurements from pictures and videos against benchmark measurements, and thus can potentially determine details such as somebody's height, the distance between their eyes, and the like, to confirm or disprove identity. It would help if the video is of high quality.

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