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About Paul Edward Zukowski
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Crime & punishment for teens & adults
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I have a BA in Psychology and 6.5 years expirance working with at risk youth. Many went on to criminal careers regardless of good peoples efforts. In my expirance people are criminals or they are not. On average over 100 crimes are committed by each offender before they are caught.
There are few true first offenders only first caughts.
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You are here: Experts > Arts/Humanities > Social Science > Crime & Law Enforcement Issues & Death Penalty > Innocent Arrest
Expert: Paul Edward Zukowski - 10/21/2009
Question
Dear Mr. Paul Edward Zukowski
My Brother (24 in age) flew from Israel (his home) to the US.
He landed in the United States about 4 weeks ago (in Miami).
He is a legal American citizen (owns an American passport since he was born in NY).
His purpose of traveling is for some fun in Miami, maybe to find a job and make some money.
The Issue:
About a few days ago he bumps into a very unpleasant situation.
When he was shopping In a mall, carrying bed sets that he bought in a large bag, he went into a clothing store, there he wanted to buy some clothes, obviously the store workers did not let him in the dressing room
With the big bag he was carrying, so he placed the bag near the entrance of the dressing room, when he got out and wanted to leave the store the bag beeped (as like he stole something), when the store managers stopped him at the exit they found out he had in the bag an unpaid shirt.
Police arrived to the scene, arrested him and forced him to spend one day in jail.
He claimed that he did not steal the item, that some girl that was bothering him
A few minutes before that, planted that shirt in his bags.
Now his trial will take place in about a month from today, he is frustrated, barely knows to speak English
, barely knows to manage and obviously don’t know the law.
All he wanted to do is to stay in the US for a few months of vacation & now he faces a trail.
He has a clean record with no felon history at all.
A very unpleasant and unfair situation as I mentioned.
I talked to him today, he sound very depressed, he wants to fly back to Israel and to ignore the issue
which I believe will prevent him to fly to the US ever again.
I know that the right thing to do is to stay and face the issue.
My very important questions are:
1. How can he reach Public attorney that will present the case for him & will help him?
And what is the procedure of that kind of thing?
2. If there are cameras that recorded the incident outside the dressing both
Really shows that some girl planted that shirt in his bags.
Can he sue the system or the store for not checking & for acting despondently, embarrassing him
And forcing him to spend a day in jail?? Can he sue them?
3. About how long that whole procedure can take there in Miami?
4. And if he can sue, how much money can he earn from that case when a Public attorney is representing him? Or maybe we are talking about a big amount of money if a privet lawyer will represent him?
5. Even if there is no camera documentation, These kind of cases can also happen in accident when an item falls into your bag accidently It happens (maybe rarely but still it can happen)
(when there is no other proof proving you stole the item)
So isn't that case should be something my brother don't have to worry about?? Not supposed to be a big deal all of that, am I right?
6. What do you think are the chances? Looks like he can win or lose?
We will thank and bless you if you will give us detailed and clear answers for each of my questions.
It is very important to us to know all of the above.
You can say he is in a foreign country, he is terrified after the arrest (his first arrest of his life)
, disoriented and lost.
Since we are experiencing lack of knowledge we can't reach from anyone, lack of communication with my brother, you are the only guide at the moment.
Please help us… Thank you a lot.
Glen.
Answer
1. How can he reach Public attorney that will present the case for him & will help him?
And what is the procedure of that kind of thing?
Simply request a public defender from the court
2. If there are cameras that recorded the incident outside the dressing both
Really shows that some girl planted that shirt in his bags.
I have no way of knowing
Can he sue the system or the store for not checking & for acting despondently, embarrassing him
And forcing him to spend a day in jail?? Can he sue them?
He can but without actual proof your unlikily to win.
3. About how long that whole procedure can take there in Miami?
It depends on the plea preceeding and how crowded the the docket is.
It could be monthes
4. And if he can sue, how much money can he earn from that case when a Public attorney is representing him? Or maybe we are talking about a big amount of money if a privet lawyer will represent him?
You would have to hire a private attorney to sue in civil court.
Public defenders only handle criminal cases.
5. Even if there is no camera documentation, These kind of cases can also happen in accident when an item falls into your bag accidently It happens (maybe rarely but still it can happen)
(when there is no other proof proving you stole the item)
So isn't that case should be something my brother don't have to worry about?? Not supposed to be a big deal all of that, am I right?
No they typically do not happen.
He had an ideam when he exited the store.
No one going to believe its an accident.
6. What do you think are the chances? Looks like he can win or lose?
Can't really express an opinion but most end with plea deals.
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