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    namer1's Avatar
    namer1 Posts: 1, Reputation: 1
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    #1

    Nov 4, 2011, 06:29 AM
    Arrested for shoplifting but never had anything on me
    So my girlfriend and myself were walking out of sears in lansing mi when a man with his hood up grabs a hold of my girl and starts trying to push her back inside, my first reaction is to grab him and get him away from her. Well she had took a coat that I was unaware of and this guy is LP for sears. Never identifying himself I get him to let go of her, she drops the coat and takes off, leaving me to wrestle this guy down to the ground, which ends up with her taking off in the car and me being handcuffed and arrested ( after a good 5 min wrestling match in the parking lot ) and charged with retail fraud. My question is I never had anything in my possession that was stolen, and they never went after my girlfriend, is it legal for him to attack me outside in parking lot, how is it that I'm being charged when at no point in time I took anything. Please help.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 4, 2011, 07:07 AM
    From what I'm reading you grabbed him (to "get him away from her"), starting the wrestling incident. You need an Attorney to convice the Judge that you didn't know your girlfriend was shoplifting (a coat, no less), security never ID'd himself, you didn't assault security and anything else you are charged with.

    They obviously believe you were part of the shoplifting.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 4, 2011, 08:47 AM
    Quote Originally Posted by JudyKayTee View Post
    ...
    They obviously believe you were part of the shoplifting.
    And, I must admit, it does appear from all objective facts, that you were in on it. You didn't need to have the coat in your possession to be guilty. Being an accessory to a crime is a crime also.

    It appears that the loss prevention officer may have acted improperly by grabbing here without first identifying himself. And that may get you off the hook for an assault charge.

    But the fact remains that she took the coat from the store? Did they ask you about her?

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