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Criminal Law/Aggravated Robbery

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Question
Can my charge of aggravated robbery be dropped to petty theft if I was approached in the wrong manner by a undercover Wal-Mart guard who struck  me and tried to retain me with out acknowledging who he was but used force to stop me from leaving the store

Answer
Antonio,

The simple answer is yes. Depending on the specifics of the arrest and what the Walmart employee did or did not do during that arrest, your attorney can ask that the charge be reduced. Walmart may not want any negative publicity and concur with your request.

However, prior to doing so, you should have your attorney request that the state direct Walmart to turn over Walmart's policy on making arrests inside any Walmart facility, turn over any videos of the incident and turn over any incidents of this same employee not following store policies or being too physical with suspects. These requests are standard "Discovery" requests for any defendant.

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Kevin M. Tamez

Expertise

Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.

Experience

More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Publications
Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website www.FederalPrisonCampTour.com.

Education/Credentials
Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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