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  1. #1

    Default What Just Happened to Me?

    My question involves criminal law for the state of: Arkansas

    Ok So I was in walmart and I had 1 blu ray, some bread, tea and other food products. I was walking around with this in my basket and decided to buy the blu ray later so I put it down. But I guess their cameras couldn't see me do that so the LP guy ASSUMED that I put it in my pants or pocket. Anyways I went over and tried on some dress pants, I didn't like them so i gave it to the lady to put up for me. I bought my food and was walking out with two bags. I bought all of it, I had somewhere to be and I don't like to be told what to do either. I went through the first set of doors and a LP guy told me to stop and i was stressed enough and ignored him. Anyways He took me to the ground and at this point I was very pissed. He looked through my bags and checked my receipt and everything checked out. i lifted my shirt for him to proof I didn't have anything. I wasn't arrested.
    So I have a witness to all of this can I sue cause this is some BS.

    Also I don't really want to hear "you should hire an attorney" give me some good advice like, can I sue, I was harmed for no reason.

  2. #2
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    Default Re: What Just Happened to Me?

    Also I don't really want to hear "you should hire an attorney"
    Too bad, because if you think you're going to sue, that's exactly what you need to do.

    March you and your crappy attitude to the nearest lawyer in your area and explain to him what damages you suffered. He'll tell you what your next steps are.

  3. #3
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    Default Re: What Just Happened to Me?

    Which will include the question "what were your damages"?

    This is not a question to be cute.

    To sue, you need to establish a monetary amount that you can justify to the court is necessary to make you "whole".

    What would that amount be?

    And I would lose the attitude about being told what to do. It doesn't make you dangerous, mysterious or cool. It makes you an immature craphead.

    Besides, any man that states "no one tells me what to do" hasn't met the right woman yet.

  4. #4
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    Default Re: What Just Happened to Me?

    Quote Quoting cyjeff
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    Which will include the question "what were your damages"?

    This is not a question to be cute.

    To sue, you need to establish a monetary amount that you can justify to the court is necessary to make you "whole".

    What would that amount be?

    It appears an assault was committed, possibly felonious?

    "Specific" damages do not have to be prayed for in a complaint, it can state damages will be "proven at trial".

  5. #5
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    Default Re: What Just Happened to Me?

    Quote Quoting BOR
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    It appears an assault was committed, possibly felonious?

    "Specific" damages do not have to be prayed for in a complaint, it can state damages will be "proven at trial".
    I see no mention of a criminal complaint... only the request for a civil one.

  6. #6
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    Default Re: What Just Happened to Me?

    Quote Quoting cyjeff
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    I see no mention of a criminal complaint... only the request for a civil one.

    I was addressing a Civil action.

  7. #7
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    Default Re: What Just Happened to Me?

    If you are going to use the "felonious" assault as a basis for damages, wouldn't it be in the OP's best interest to actually file charges prior to civil court?

  8. #8
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    Default Re: What Just Happened to Me?

    Quote Quoting cyjeff
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    If you are going to use the "felonious" assault as a basis for damages, wouldn't it be in the OP's best interest to actually file charges prior to civil court?
    I said possible felonious, as the poster stated:

    >>Anyways He took me to the ground and at this point I was very pissed.<<

    The poster can attempt to file an assault charge, but due to Prosecutorial discretion, it may or may not be commenced as a criminal matter.

    I surmise your question hinders on the outcome of if a criminal conviction "beyond a reasonable doubt" will have any impact on a civil suit by a "preponderance of the evidence".

    Good question!

    I have read laws in the past where the decision of a criminal court has weight in a civil action, yes.


    The poster also stated:

    <<Also I don't really want to hear "you should hire an attorney" give me some good advice like, can I sue, I was harmed for no reason.>>

    Not be be redundant to answer that, but only an attorney can answer that question based on that states laws.

    As you suggest, is it better to adjudicate a criminal action before filing a civil suit?? I don't know!!

  9. #9

    Default Re: What Just Happened to Me?

    Quote Quoting LawResearcherMissy
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    Too bad, because if you think you're going to sue, that's exactly what you need to do.

    March you and your crappy attitude to the nearest lawyer in your area and explain to him what damages you suffered. He'll tell you what your next steps are.

    It's not that I don't like to be told what to do, by a friend or boss but by some prick looking guy who thinks he has any say on what I should do made me mad. I'm just in a bad mood right now, I guess I should have called the cops but I didn't think of it. I just was mad all night, telling my friends what happened and drank. Is there any lawyers who don't charge money unless you win? Cause I don't want to go against wal mart and waist $10,000 and lose. I don't know how it works or your average lawyer costs.

  10. #10
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    Default Re: What Just Happened to Me?

    I don't know how it works or your average lawyer costs.
    ...and therefore, we should not direct you to one, even though an attorney is the only person who can answer your questions about whether you can sue, how to go about it, and how much it costs?

    Logic is your friend. In the future, use that instead of demanding that people tell you only what you want to hear. You'll note that such an attitude will not only not get you what you want, but make people exceedingly reluctant to help you at all.

    Go find an attorney. Ask him your questions. He'll tell you whether to even bother, and then he'll tell you how much it will cost if you do have a case - which I am not at all convinced that you do. Only an attorney can answer that for sure.

    First consultation is usually free.

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