Chicago, IL asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Illinois

Q: Falsely accused by a Meijer loss prevention employee of allegedly producing can of mace and displaying knife

On January 12, of 2021, a Meijer loss prevention employee (Miles) at the Michigan City Meijer store falsely accused me of producing a can of mace, loudly threatening her and displaying and pointing a knife in her direction. The Meijer surveillance footage shows that "the male subject" passing (Miles) without either mace or knife seen in his hands. The male subject is shown with both hands on a shopping cart as he passed (Miles) and exited the store.

All of the evidence was available to police on the date of the alleged incident (Meijer Surveillance Footage) Initially charged with misdemeanor thef. Approximately 3 weeks later, male subject was arrested for a level three armed robbery with a deadly weapon.

Male subject spent 11 months in jail for an alleged incident for which there was not probable cause to support the charge of armed robbery. Two defense attorneys claimed to have lost crucial exculpatory Meijer surveillance footage. Case will be dismissed in August, 2024

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: Based on the information provided, it seems that you were wrongfully accused and charged with a serious crime (armed robbery with a deadly weapon) by a Meijer loss prevention employee, despite evidence from surveillance footage showing that you did not produce mace or display a knife as alleged. As a result, you spent 11 months in jail awaiting trial for a crime that lacked probable cause.

This appears to be a case of false accusation and wrongful imprisonment. The loss prevention employee's claims were contradicted by the video evidence, which your defense attorneys reportedly misplaced. The fact that the case is being dismissed in August 2024 suggests that the prosecution recognized the lack of evidence to support the charges against you.

In situations like this, you may have grounds for legal action against the parties involved in your false accusation and imprisonment, such as the loss prevention employee, Meijer, your former defense attorneys, and potentially the police and prosecutors, depending on the specific circumstances. Some potential legal options include:

1. Filing a civil lawsuit for defamation, malicious prosecution, and/or false imprisonment.

2. Submitting a complaint to the relevant professional bodies regarding your defense attorneys' handling of your case and the loss of crucial evidence.

3. Pursuing a wrongful conviction claim, if applicable in your state, for the time you spent in jail and the harm caused to your life as a result of the false charges.

It is advisable to consult with a new, experienced criminal defense attorney or civil rights lawyer to discuss your legal options and the best course of action moving forward. They can help you gather evidence, build a strong case, and seek appropriate remedies for the injustice you have suffered.

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