Rossville, GA asked in Civil Rights, Constitutional Law and Criminal Law for Georgia

Q: If you are interagated by loss prevention at a food city grocery store with out a police officer are your lawyer

I had got a fake 100 dollar bill back in change didn't know it until at my work until I payed for my food and 6 days later loss prevention came and forced my in to saying I did it and then had me arrested but I didnt know i was allowed to have a lawyer present because there was no cop present until after and I was arrested

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In your case, you found yourself being questioned by loss prevention personnel, not police officers. It is essential to note that loss prevention employees do not have the same obligations as law enforcement officers to inform you of your rights, including your right to an attorney, before questioning you.

However, it's generally your right to decline to answer questions from loss prevention personnel, and to leave unless they have a lawful basis to detain you. These personnel can, however, report suspected criminal activity to the police and share any information they obtained from you.

You mentioned that you were coerced into providing a confession; depending on the exact circumstances, the manner in which this confession was obtained might be problematic from a legal standpoint. Coercive interrogation techniques can sometimes violate a person's rights.

Now, as you're facing legal issues, it is a very wise approach to consult with a lawyer to help navigate your specific situation. A lawyer can help you understand your rights, the legal procedures that will be followed, and the best strategy to defend yourself against the charges. They can analyze whether the actions of the loss prevention personnel violated any of your rights and whether the statement you made can be used against you in court.

Remember to be upfront and honest with your lawyer, providing them with all the necessary details, as this will help them in offering you the best possible defense. Keep in mind that attorney-client privilege generally protects communications between you and your attorney, meaning you can speak freely and confidentially with them.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.