現在我們的civil demand還沒來.我們的情況是,店裏當時沒叫警察,幾天後我們去找店家經理說仍然沒report到police去,所也我老婆不會被arrested in the future.
看了您和其他諸位對下麵另一案的指教,我想問的是,就您所知的,這種事有絲毫不讓警察經手就告到DA那裏這一說嗎?難道這家店私設公堂?可我老婆當時在店裏簽字的那個"不許入內"的聲明也不能叫什麽"口供"吧.總之我現在的感覺是store manager所說的DA和City Court是嚇唬人的成分居多.如果是最好了,能避免和法庭打交道我們求之不得.您覺得這種可能性有多大? 多謝指教!!
急急急!老婆被控shoplifting
文章來源: 請幫忙! 於 2003-8-30 9:45:00
其實是個小東西不知怎麽掛在了她毛衣上,她自己都不知道就走出電門.店員讓她簽了一個"一年之內不許進本店"的聲明,還給了一張店裏不久寄帳單索要"civil demand"的通知.沒叫警察就讓她回來了.她還會不會被charged for criminal offense?我們現在能做什麽?請律師翻案嗎? 我老婆英語都還不靈光,稀裏糊塗就讓人給擺布了.大家幫幫忙吧!
I went to the store
文章來源: 老婆被控 於 2003-9-4 13:16:00
since my wife can't get in, I talked with the manager. He said since he chose not to call the police the other day, my wife will not be arrested and put in jail.
For the side of civil law, the store will send her a letter asking her to pay some money in about 2 weeks. If she pays the money, the civil side will be settled. If she doesn't pay, the store will sue her in a CIVIL court.
For the side of criminal law, the store has filed a charge to the city we live in, from now on it's the District Attorney who will decide whether s/he prosecute my wife or not, the store has no longer any control in this domain. Since the hairclip found on my wife's sweater is of small value (<$20), the storemanager said the District Attorney will probably not make it a case. But that's only his guess. If the DA makes it a case, my wife will be summoned to the City Court.
Our decision for now is to wait for the civil demand. My wife is so scared she wants to pay the store back, and the best outcome is that the DA drops the case from his/her side. If the DA does prosecute her, we'll find a lawyer then.