I was accused by a store manager of stealing she did not press charges but filed a formal no trasspassing claim against me. what can i excpect next

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I was accused by a store manager of stealing she did not press charges but filed a formal no trasspassing claim against me. what can i excpect next

Asked on June 21, 2009 under Criminal Law, South Carolina

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The first question is, were you arrested?  As you may or may not know, discretion to arrest usually resides with the police, rather than the alleged victim.  Therefore, the police have the discretion to arrest you even if the store manager does not wish to "press charges."  However, if you have not been arrested for theft yet, chances are you probably will not be.  Assuming that you were not arrested for either theft or trespassing, the practical effect of the store manager's actions is that you will be exposed to criminal liability if you return to the premises.  This means that you should stay out of the store.  In any event, if you were arrested for either charge, or if you are otherwise concerned about your rights, you should consult with and/or retain a criminal defense attorney to protect your rights and/or obtain the best possible resolution of this matter.


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