Q: I am being accused of retail theft second offense, misdemeanor 2. How do I get a copy of video surveillance and what is punishment? (Pittsburgh, PA)
A: To be charged with a Retail Theft Misdemeanor 2, this would need to be your second offense and the merchandise valued under $150.00. You will have better options if represented by an attorney. To obtain the video prior to your preliminary hearing, will require an attorney as the police nor victim have any duty to let you view it at this stage. The attorney can ask to view it informally, and if necessary, request a subpoena duces tecum be issued by the Magisterial District Justice Office having jurisdiction over the matter. If your case is held for court, you can obtain it through the discovery process after the Formal Arraignment. An attorney can better guide you through this maze.