回複:律師不接的案子

來源: 2005-11-28 16:58:26 [舊帖] [給我悄悄話] 本文已被閱讀:

My first advice: pay the fine as requested.

If you don't like the idea and don't want to pay them at all, here are something you can consider.

1. Larceny (
2. It is not clear how you were treated at the store. Before the police came, what did they do? Did they question you? Humiliate you? Did other people in the store notice? Did they confine you? If any of these happened, you have a good claim of false imprisonment. Shopkeeper's priviledge requires the store to use reassonable force to conduct reasonable investigation, if they reasonably believed that you were lifting goods. Matter of fact you were lifting, no matter whether you forgot to pay or intended to steal. If any of the conducts was not reasonable, you can counterclaim a false imprisonment, but not in the same court. Larceny belongs to crminial court and false imprisonment belongs to civil court. If a false imprisonment can be established then the recovery could be in the millions because one of the injuries FI to protect is mental tranquility. Only then, would a lawyer be interested in the case.