Q: Can a theft case be dismissed if the LPO doesn't submit the video he claims made him realize theft was committed.
After a Walmart employee noticed my reciept dated for the next day. I agreed to give them time to resolve this issue. After sometime the LPO came, ask questions, and I answered. He then told me his manager was reviewing the footage of our visit. Shortly after that I became alittle irritated with how long it was taking so I suggested if it was going to take much longer then just do a return (paid in cash) and it'll be over. He then called his supervisor (whom was viewing the footage) and instead of doing a return told the LPO to remove wire alarm off sewing machine & help load up my riding lawnmower. He claims in his statement I rushed them before they had time to finish footage but finished after I left. Then said he pulled sales report of no lawnmower sold day of incident. I asked for video he viewed but he did not submit it. Only image of entering store.How can he NOT submit evidence that proves his case yet claims that evidence is what brought this charge. Can it be dismissed?
A:
CAN IT BE DISMISSED, yes, but...it may depend on other factors. I hate to worry you but you may consider hiring a lawyer. One that believes the best defense is a good offense. I would suggest a letter denying the accusation with threats of a civil action to recover damages should they pursue such action against you.
Also keep in mind the prosecution may not want to waste their time if it does not have a good case. Perhaps Walmart lost the recording? Good luck with your defense.
A: Lack of video does not cause automatic dismissal of a criminal case. The State of Texas was prosecuting criminal cases long before video evidence was available. Talk with your attorney. Good luck.
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