Can a Store Manager Drop Retail Theft Charges after an Arrest Warrant has been Issued? ~ Chosen as "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: Can a store drop charge for retail theft? I have a warrant out for retail theft because out of desperation I stole food from Walmart to feed my children and accidentally left a credit card behind. If I talk to the store manager and agree to just pay for everything I took, would they be able to have the charges dropped?
A: Chosen as "Best Answer" by Asker on www.AVVO.com
Once the offense has been reported to the police the charges may be out of the complaining witness' hands, and if a warrant has been issued then it's gone even further and is now controlled by the Office of the State Attorney.
An additional risk that you will be running is that in going back and discussing the matter with the manager you will be making statements which could be considered admissions and be introduced against you in your criminal case.
At this point (with an outstanding warrant) I would advise you to a) lawyer up b) surrender and c) stay away from the store and the manager.
The bottom line with warrants is that they suck (well that and that oftentimes they end up in untimely and inconvenient incarceration). When it comes to the subject of warrants, anyone anywhere who has knowledge of the existence of the warrant has 2 choices: Either they can deal with it proactively, in an offensive manner or they can live day to day, waiting until it is ultimately served, and then play catch-up (defense).
In this light warrants can be likened to cancer. If it exists (whether it is a warrant or cancer) then you have a problem. You can either choose to deal with the problem and hope for the best or you can wait for the problem to deal with you in its own natural fashion. In the former event it may or may not work out favorably for you, but, in the case of a warrant, at least the State and the Judge will have to acknowledge that you voluntarily chose to bring the matter to them (which is an undeniable fact that even an inexperienced lawyer should be able to use your advantage during the pendency of your case). In the later event, however, just as with cancer, the longer that you choose to wait (whether in denial, self-pity or simply because you are lost in hope, desperation and prayer that it'll heal itself / go away) then more time that it has to metasticize and destroy you from within.
You may well have defenses to your charges, I don't know. What I do know is that you should discuss the matter with an experienced 813 area criminal defense lawyer. Further, I am certain that, right, wrong or indifferent that the warrant is a veritable cancer which will almost surely prejudice you, whether with the Court, the State or both, sometime down the legal pike.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
No comments:
Post a Comment