Can a Confession to Loss Prevention be Used in Court?
Unfortunately, the short answer to that question is going to be yes but it is not as straightforward as one may think. More often than not, the loss prevention officers, especially from major department stores like Macy’s, Nordstrom, Bloomingdale’s, JCPenney’s, Lord & Taylor and Neiman Marcus, are trained to try and get the suspect to make certain admissions. In fact, they tend to threaten or in the very least suggest that things will get worse if an admission is not made. Obviously it goes without saying, an admission by the suspect that they shoplifted or that it was their intentions to shoplift, will only serve to bolster the strength of their case, that is why these guys tend to do it prior to police arrival. The reason behind that is because Miranda, one of the most well known constitutional rights out there, does not apply when it comes to a private citizen. In order for a suspect to be entitled to their miranda warnings, the suspect must be in the process of being interrogated by a law enforcement officer. For more information on Miranda rights and when they can come into play during a shoplifting case, please feel free to contact one of our New Jersey shoplifting defense attorneys today at 800-463-1064.
How can a Confession be Found Inadmissible for Trial?
With that being said, simply because the statement was said, does not mean that the Defendant will be found guilty. There are several other significant legal hurtles that the prosecution most overcome before that statement can be used in a court of law. Furthermore, if the statement is the product of coercion or duress an attorney can still call into question the creditability of the statement, even if it is being introduced. Another important angle to try and exploit is whether or not the loss prevention officer was acting as a “agent” for the police in order to get around the need for Miranda Warnings. If you have been charged with shoplifting in New Jersey and you have any questions with regards to how a statement in which you have made may be used against, please feel free to contact us at (732) 856-9959. We server all of New Jersey, including, Jersey City, Edison, Tinton Falls, Bridgewater, Brick, Woodbridge, Paramus and Millburn.