Location: NC
In my county the police department has a facebook page where they post wanted criminals who they want the communities help to find. Well I wake up one day and about a dozen people were calling/texting me saying I’m on crimestoppers listed as wanted. People making jokes, making judgment, and more. Come to find out I check the page and they actually had my face on there, claiming I stole $300 worth of candy from a gas station that I’ve never even been to in my life. My girlfriend literally laughed out loud when I showed her because she lives with me and knows that I don’t even eat candy. The charge was a misdemeanor. I personally believe they have me confused with someone else who may look similar to me that they are trying to desperately book. I went to the station and they processed me, gave me a mug shot, then let me go, and now I have a court date coming up and I paid 3000 for a lawyer to take care of it, and I’ve explained to him what’s happened and he said we can’t do anything until he can see the evidence they have at the court date.
My question is, can I sue them for this? I have lost 2 job opportunities because of this and had to dig deep in my pockets just to defend myself and not get screwed. Also, when I went to the station, there was another charge tagged along with the candy one, for a situation that happened 7 months after the “candy burglar” charge, and this one was for swapping out a price tag on a towel at Walmart to try and get $10 off at the self check out, and that was something I actually did do (lol was having a bad week), and they are actually charging me with a felony for that one, and that charge wasn’t even posted on crime stoppers. But the picture of me that they listed on crimestoppers for the candy situation was from the Walmart security camera footage before I went to self check out. So there’s that. So yeah, I have no idea what rights I have in all of this, but I’m doing what I can to handle it and go back to having a normal life under the radar. If anyone has any advice let me know
Comments
Your attorney does need to wait until prosecutors give him the “discovery” materials, so he can see what other evidence they have. Be as candid and helpful as you can, including providing any alibi evidence or witnesses that can help convince the prosecutors, or a judge or jury, that you have a lookalike.
>swapping out a price tag on a towel at Walmart […] charging me with a felony
That must be one really nice towel, or you’re not understanding the whole story.
It’s an interesting conundrum: it is common to resolve multiple similar charges with a plea bargain. But you can’t plead guilty to the candy theft because you didn’t do it.
>can I sue them for this
Almost certainly not. Asking for community ID’s of suspects is common, and not a violation of your rights even thought the community mis-identified you.
That’s insane! It sounds like you need to get legal advice about this situation. Hopefully, the security footage clears things up, but it’s a good move to have a lawyer in case things get more complicated.
It’s possible. But suing cops is never easy. Especially in states, such as North Carolina, where municipalities like police departments are generally immune from lawsuits unless negligence is proven.
But most of your focus right now should be on the felony charge. The cops likely have Walmart video footage proving intent to defraud. Even though it was only $10 that’s a serious charge.
Once you get that sorted and still want to sue the next step is getting an attorney specializing in police misconduct and/or civil rights. Many work on contingency (no upfront fees; they take a percentage of any settlement). Contact the North Carolina State Bar (ncbar.gov) or use LawInfo.com for referrals.