[Ansteorra] <mundane stuff, ignore if you like> Bad experience with Best ...

[maaggie3 at attbi.com]

>> If they acted exactly as you stated, then they were
in violation of the Texas Penal Code as I cited earlier.
<<

If they acted as she stated, then there is only an
argument that they were in violation of the TX Penal
Code.  Have you looked at other portions of the code
that allow shopkeepers to detain suspected shoplifters?
I haven't recently, but I remember that they allow
considerable leeway.  In addition, we (and she) have no
idea of any extenuating circumstance that may have
existed.

Don't get me wrong - she was treated VERY badly, and I'm
certainly not defending the store's actions.  But, your
post is misleading - I doubt that criminal charges could
be successfully pursued.  It is far more likely that a
civil suit would be successful - the burden of guilt is
less, and there are more options available as to the
complaint pursued (e.g., intentional infliction of
emotional distress, false imprisonment, assault and
battery, invasion of privacy, etc.).  This really
wouldn't be a bad idea when you consider that a jury
will be made up of people just like us, who would
probably be outraged at the store's treatment of an
innocent woman.

>> Also, the attorney should accept the case on a
contingency basis, with no cost to you if the case is
lost. <<

She would still have to pay all court costs and filing
fees, copying charges, phone charges, etc. (which can
add up pretty quickly).  The contingency agreement
typically only covers the payment for the attorney's
time.

Margaret
an attorney in the real world