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ITALIAN LINK CHARMS : The Sherriff shows up, and talks to us, and the story from Vendor #1grows. By this time her husband, who has another booth selling charmsin another location shows up, and, in support of his wife, firstclaims to be a witness (false) and then says he had "trouble" with mein the past. The only other time I had been to the swap meet, I boughta charm from him, so I don't know know how that means "trouble." Ithink he was just supporting his wife. The sherriff takes my purse,which I offered willingly, and empties it. No charms. He checks me-pockets, shoes, everything he can do in public- nothing. Because I hadnothing. He was extremely agressive, and when I tried to explain whathappened, he kept saying things like "Just admit that you've beencaught. If you don't, you're going to jail. I know you're lying tome." I wasn't admitting to something I didn't do, and I think he wasBSing me anyway. He kept putting words in my mouth and twistingeverything I said, then accusing me of lying. He let me go with aticket anyway.
ITALIAN LINK CHARMS : Sorry this is long. My questions: 1) I was never read Miranda rights,so was I really arrested, and can he use anything I said against me? 2)In a vendor vs. my word case, when I had nothing on me, what am Ilooking at? Vendor #2 can't really say I took anything-all thathappened was that I accidently dropped them and tried to find them,much less the husband, who showed up 10 minutes later. There was noconcealment, and if the Sherriff believed that, wouldn't he have sentme to jail to be serached? 3) What about trying to settle with thevendor through a lawyer (is that compromise and release?). I know shecould use the money- she told me so, and I can't risk something on myrecord. If both of us are willing to do that, does she drop thecharges, or can the DA insist on procescuting anyway?The question of whether or not you were 'arrested' is academic here. The point is that you weren't 'booked', so it won't 'show up'.
ITALIAN LINK CHARMS : This encounter appears to be custodial. You didn't actually attempt to leave or ask, but I feel a reasonable person wouldn't feel free to leave in such a situation. Therefore, I would say Miranda would be required.However, regarding the admissibility of your statements, Miranda only applies to questioning. Anything you blurted out, that wasn't in response to 'interrogation', is admissible.It really depends on your locality. You could check California substantive law, but in reality, if the property wasn't on you and you were at the alleged 'scene', I don't think the charge would stick. I would think that if you were really believed to have shoplifted, the sheriff would have made a custodial arrest and conducted a thorough search. What was this ticket for, btw? Some type of summary theft? Or was it a notice to appear on a misdemeanor charge?
ITALIAN LINK CHARMS : As far as your word v. their words, it comes down to credibility. The fact finder is free to believe all, none, or some of the evidence of both sides. It's perfectly permissible for the fact finder to just not believe you and believe the other side. And if what the other side says, accepted as completely true, substantiates all the elements of a crime and disproves any defenses, a conviction is proper. Retail theft in my state technically doesn't require the stolen merchandise to be produced, but in reality it makes the case weak, especially in a situation where the defendant never left the crime scene.It may come down to a credibility determination. You'll have to ask an attorney practicing in CA (like Bob Stock in here), for details on CA law and evidence rules on this subject.
ITALIAN LINK CHARMS : I wouldn't until you have consulted with someone first. A criminal matter isn't like a civil matter, where settlement talks between the parties are usually inadmissible as evidence. The DA can insist on prosecuting anyway, but I don't think he would if his victim and factual witnesses aren't willing to go forward.The ticket was for a PC 484/488 (petty theft with a prior pettytheft). It's a notice to appear and has misdemeanor circled. Sixyears ago when I became disabled and the insurance company wasstalling my checks, I made a colossal mistake and took a bottle ofcontact lens solution and shampoo from a grocery store. Once theofficer knew I had a prior, it was all over; I might as well havekilled someone.I offered no information and only responsed to his questions. Doesthat make it an interrogation? If so, since I wasn't read Mirandarights, is it inadmissable (this is to anyone who might know).
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