I Was Detained By A Store Employee Until The Police Came. Can They Do That?
If the loss prevention officer has reason to believe that you were shoplifting, they can detain you. They are, in effect, making a citizen’s arrest until the officers arrive. It is not unlawful restraint for them to detain you for a reasonable period of time, in a reasonable way, in order for the officers to show up and make a determination about whether or not they are going to arrest you. When there is a breach of the peace, like a theft, most people won’t make a citizen’s arrest but a loss prevention officer is someone who is hired by that company for that specific purpose, and such detention is lawful.
My Check Bounced And Now I Have A Theft By Check Charge. What Do I Do?
All of the theft offenses are encoded under the same theft ordinance in the penal code. However, theft by check is oftentimes charged in a separate way. It’s still a theft offense but the good news is that prosecutors, at least in Travis County, don’t treat it as seriously as they treat an outright shoplifting charge. For theft by check, one of two things will occur. You will either have bounced the check yourself or someone will have gotten ahold of your checkbook and written bad checks in your name. In either event, you could be charged with the exact same offense. If you are able and willing to pay off the money that the checks were written for plus some administrative fees associated with the collection, the prosecutors in Travis County will typically agree to dismiss your charge. If you were to be convicted of it, it does count as a theft charge. Theft on your record is a crime of moral turpitude and it can be used for enhancement purposes. Under no circumstances should you agree to plead guilty to a Theft by Check, and should secure the services of an experienced lawyer if the prosecutors will not agree to dismiss your case outright.
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