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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Default Caught Shoplifting in New Jersey

    My question involves criminal law for the state of: new jersey

    i recently was allegedly caught shoplifting an item valued at 9.99 at a local cvs. they claim they saw me on video, walked outside and wrote my license plate down. the police then came to my house and asked me about the situation. i denied everything, but admitted i had been in the store filling a prescription. the description on the video apparently had blonde/brown hair (i heard this over the cops' radio) while i have black hair. they then brought the witness to my house in a police car, while i was flanked by two uniformed officers, who identified me as the person who did it. the police immediately put me in handcuffs and took me down to the station. i was never read my miranda rights. while in the cop car, and at the station, the cops questioned me and i eventually admitted to it.

    i was then taken to the station and processed. the witness came to the station while i was there to sign the complaint.

    i see two issues here. first, my confession cannot be used because i was never mirandized (i have some legal experience, 3 years prelaw). miranda v. arizona, et al.

    second, the witness identification cannot be used because i was flanked with police officers (meaning it was too suggestive, i.e. stovall v. denno) and because i was never offered my right to an attorney (us v wade).

    my main question is whether there is any more bases i should have covered?

    the way i see it, and PLEASE correct me if i am wrong, is if the only way the witness could id me was through the video, then can i get the video thrown out with her id?

    if not, what is generally involved with getting a security video thrown out?

    any other suggestions?

    thank you for all your help.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Cvs Shoplifting in Nj,

    First suggestion:

    Quit shoplifting.

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Caught Shoplifting in New Jersey

    i learned that lesson the hard way, trust me.

  4. #4
    Join Date
    Jun 2008
    Posts
    273

    Default Re: Caught Shoplifting in New Jersey

    You wasted 3 years on prelaw if you're going to use it to get yourself out of criminal charges.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Caught Shoplifting in New Jersey

    Next piece of advice....

    Rather than representing yourself....you need to retain a Criminal Defense Lawyer.

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