What to do if I’ve been accused of retail theft but did not take anything?

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What to do if I’ve been accused of retail theft but did not take anything?

I’m on disability and they didn’t read me my Miranda rights, didn’t ask to search my bag and didn’t find what they were looking for. Also, I was manhandeled, busting my knee up. The charges read retail theft under $50 and recieving stolen property and are listed as misdemeanors but it is my 3rd theft charge with one pending in Vanother state Can it come get me? They keep postponing the trial. And can my charges change when i go get fingerprinted? Will i get a bond set because of my previous charges when i go to do my fingerprints and pre-trial?

Asked on November 24, 2012 under Criminal Law, Pennsylvania

Answers:

Daniel Schwartz / Law Offices of Daniel Schwartz

Answered 8 years ago | Contributor

You have raised several different issues.  Obviously, the Commonwealth will have to prove your guilt beyond a reasonable doubt.  The fact that you were not apprehended with any stolen merchandise is helpful.  Likewise, you may have pre-trial suppression issues based upon your recitation of the events.  If excessive force was used and you have documented injuries you may have a civil claim.  Any prior conviction can enhance the punishment in this case if you are found guilty.  Generally, in a case like this you will not be required to post monetary bail.  Certainly sounds like you need the services of an experienced criminal lawyer.  


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