Retail theft charges dropped becuase of sexual harrasment?

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Retail theft charges dropped becuase of sexual harrasment?

A person I know has a current felony retail theft case pending (this person was an employee at the store they allegedly stole from). A few months prior to arrest, this person was in the break room where another employee showed them an obscene picture. The incident was never reported to management. Given the time that has passed, could the incident still be used against the store (in hopes that the charges would be dropped) ?

Asked on June 22, 2009 under Criminal Law, Illinois

Answers:

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

Answered 12 years ago | Contributor

What you are suggesting sounds dangerously close to blackmail, which could expose your friend to additional criminal liability.  Moreover, even assuming that this ill-advised tactic did not expose your friend to criminal liability, I still do not think it would be successful due to the fact that several months have passed since the incident, thereby making the incident 1) difficult to prove, and 2) appear to be fabricated to use as leverage with respect to the current felony charge.  Thus, my advice to your friend is to consult with and/or retain an experienced criminal defense attorney to evaluate the strength of the state's evidence as well as the merits of any possible defense available to your friend in the interest of obtaining the most favorable resolution of these criminal charges possible.


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