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shoplifting accusation rights?
Yesterday, I was accused for shoplifting. I was handcuffed, cussed at, and thrown against a wall causing bruising to my legs. They searched my bag against my permission. As I was “escorted” through the store I had a severe panic attack and tried to sit down because I couldn’t breathe they pulled me up and dragged me all the way to the back of the store while cussing at me and calling me rude names. Yes, admit, I stole a snickers bar, and I have a court date. If I mention these things could it get me out of legal trouble due to having my rights violated? Were my rights even violated?
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Probably, but whether or not the legal system will work out in your favor is a different story. Talk to a lawyer. Someone I know got arrested for drug possession, but the police had no right to search his vehicle. What I believe happened was, he went to court for the drug charge and was supposed to ask for a "stay of continuance" (I think) awaiting the outcome of his trial against the officers, which the lawyer helped him set up. If he won that, when he went back to face the drug charge at a later date, it would be dropped because it would have been proven that the police abused their authority and should never have had the right to search his vehicle, therefore would never have found the drugs, and he would never have been charged. The police department, fearing the negative publicity and knowing that they did something wrong, would likely have settled out of court and the drug charge would have been dropped. What really happened was the person either got nervous or just felt guilty and admitted guilt at the original trial for the drug charge and that was that. If what you describe is accurate, what happened to you is terrible. Yeah you stole the candy, but you were horribly mistreated based upon the level of your crime. You may be able to get out of the shoplifting charge if you speak to a lawyer, but hopefully this entire ordeal will make it so that you never shoplift again. Was it really worth the 89 cents? It never is. Take pictures of all of your injuries immediately, find witnesses, and see if you can get a copy of the security footage from the store. It may be worth going to a doctor to get documentation that you did have a panic attack and official documentation of your injuries. Definitely talk to a lawyer because you've got a good case. Good luck.
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You certainly were mistreated especially considering the value of the theft which is considered Petty Larceny. Which is why you were given a summons to appear and not booked into the jail.
As to whether your rights were violated; I really can't say. If you were arrested and abused in this manner by sworn police officers and not store security you have a case for police brutality against the police officers. If you were mistreated by store security you may have a civil suit against the store.
You need to speak with a lawyer to find out which type of claim you may have. Most lawyers will see you on a first visit to evaluate your case at no charge. If you have a viable case for which they believe there will be a monetary recovery they may take the case on a contingency basis. Which means they share in whatever they win for you. If they lose you owe them nothing.
Will filing an action against the store or police officers get you out of legal trouble? Maybe or maybe not. Not because your rights were violated but because the cost of defending the store or the officers against such action is more costly than the value of what you stole. In that regard the store or the prosecutor may drop the charges in return for you dropping you action against them.
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