Merchandise had gone missing from a store I worked at and the manager asked me to talk to me. While I didn't take any of the items, I did know a few details about their disappearance. My manager interrogated me regarding the missing items until he apparently had enough and then called the police and told them to arrest me for theft. I was also fired. I was in shock from all this and was scared so I didn't try to leave or do anything. It dawned on me now I was probably within my right to just walk out since they were not police and could not detain me but I digress. I spent 2 days in jail until I was told that no charges were being filed against me and was released but they haven't dropped the charges which I find strange. All they had was my manager's word since there was no evidence.
Yes, a person's word can count as probable cause. Probable cause is based on the totality of the circumstances and is a much lower standard than proof beyond a reasonable doubt. Therefore, the officers may have had enough information to lawfully arrest you but the prosecutor may not have enough evidence to convict you.
It is confusing when you say charges were not filed and then immediately follow that up with "they haven't dropped the charges." Either charges have been filed or not. Keep in mind that even if charges haven't been filed currently, they could still be filed later.
Before the police arrested you they had to have listened to the manager and agreed with the conclusions of this investigation. A person cannot "order" the police to arrest anybody. Yes, you could have NOT talked to your manager and that would have been preferred. You would still likely get fired, but probably not arrested. Hopefully no criminal case is forthcoming, but if it is, please retain a local criminal defense attorney.
There is evidence. Your admission to the manager are enough or probable cause to arrest. Add to that evidence that something was missing, which the manager can testify to as well, and you could easily be convicted. So yes, the managers word alone is enough.
Charges not being filed is a lot different than charges never going to be filed. They have up to two years to file charges. It is very common for this to happen months after the event.
The real question then becomes "can they prove that you committed A crime, beyond a reasonable doubt, based on your mission to the manager?" That question is impossible to answer at this point, but you are going to need good legal help. You can use this time while you're waiting for charges to be filed to retain counsel.
Yes, the police could have probable cause solely based upon the manager's testimony. Probable cause for arrest is a low legal standard and easy to satisfy. In order to convict you if charges are ever filed, the prosecutor will have to meet a much higher burden, that of guilty beyond a reasonable doubt.
You are correct in that you could have not said anything to the manager, and this would have been preferable. However, as our colleague indicates, you probably still would have gotten fired from your job. I suggest that you hire an attorney as soon as you can. While no charges have been filed yet, that does not mean that they will not be filed in the future.
Best of luck!!
Alexander Floyd RansomCriminal Defense AttorneyBellingham, WA ·
Hire an attorney.
It's unclear whether you're charged. Nevertheless, given what you knew about the case, the Prosecutor could charge you with Conspiracy under RCW 9a.08.020. Under this statute, a person is an accomplice of another person in the commission of a crime if, with knowledge that it will promote or facilitate the commission of the crime, he or she: (i) Solicits, commands, encourages, or requests such other person to commit it; or (ii) Aids or agrees to aid such other person in planning or committing it; or (iii) His or her conduct is expressly declared by law to establish his or her complicity.
What was the context of the interrogation? Was it recorded? Did your manager write down what you said? Were they on a fishing expidition? What was the nature of the knowledge you shared? How correct was it? In sum, what did you tell your former manager regarding the "few details about the disappearance" of the merchandise? (**Don't repeat anything over the internet!).
These questions are important because a competent attorney could successfully get your manager's statements suppressed as prejudicial under Evidence Rules 401-404 and inadmissible Hearsay under Evidence Rules 801-807. (I attached the link to the WA Rules of Evidence - scroll down to "Title 4" and "Title 8").
Regarding Evidence Rules 401-404 (Title 4), evidence is admissible if it is relevant. Although relevant, however, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Also, your ex-manager's statements are probably Hearsay - indeed hearsay within hearsay - under Evidence Rules 801-807 (please scroll down to "Title 8"). Although there are exceptions to the Hearsay Rule - such as "Present Sense Impression" and "Excited Utterances," the general rule is that Hearsay is inadmissible.
. . . and hire an attorney. The evidence rules I'm discussing should be supported by applicable caselaw. Only a competent defense attorney research the right caselaw.
Good luck!
