Q: petty theft charge with NO evidence at all what do I ask my PD to help get the case dropped ASAP ?
On felony probation and the charge violated her and now shes incarcerated. I need to know what motions etc to tell the PD to file to get the case dropped ASAP so she doesn’t have to sit in jail for very long . no video evidence and did not get caught in possession of anything stolen. The store employee just said she had items in her hand and then did not at check out.
A:
You need to find out whether there was a video. Sometimes the video does not surface until you request it, which is easy enough to do. You can just ask the State to request it. Or you can file a subpoena duces tecum demanding it from the store.
The incident does not necessarily need to be on video for a person to be guilty. The crime of theft has been around since long before video was invented. If she 'passed all points of sale' and was on her way out of the store with the merchandise in hand, she may be guilty of theft.
Each case has its own uni
Tim Akpinar agrees with this answer
A:
You need to find out for sure whether there was a video. Sometimes the video does not surface until you request it, which is easy enough to do. You can just ask the State to request it. Or you can file a subpoena duces tecum demanding it from the store.
The incident does not necessarily need to be on video for a person to be guilty. The crime of theft has been around since long before video was invented. If she 'passed all points of sale' and was on her way out of the store with the merchandise in hand, she may be guilty of theft.
Each case has its own unique facts and circumstances. A thorough review of the evidence (which may only be a police report/arrest affidavit) is necessary to determine whether the state has a case or not. At any rate, attacking the case early is the best way to get a favorable resolution and to possibly get her out of jail.
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