Shoplifting, Larceny, Robbery, Theft My friend shop lifted and security took both of us in.

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purplexcotton

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My friend and I were trying out clothes in separate fitting rooms. I then put the stuff I wasn't getting back on the racks of return ****. I go to help my friend in her fitting room to carry out her stuff <she had a lot of clothes in there with her>. Anyways, we're leaving the store, security takes us back to their little office and questioned us. My friend apparently had stolen a shirt from the store while she was in the fitting room, and had it underneath her shirt. I didn't have anything on me at all. They took some dumb mug pic of me. made me sign a paper stating I wasn't allowed back in the store, because I was an "accomplice". They said I may be fined even though I took nothing. I'd like to know if they would actually fine me? No cops were called either, they said my record would still be clean. would it really? The chick that stole is 21, and I am 19. Please... I need some insight.

< i was unaware of my friend's actions. > :blush
 
Its called Civil Demand or Recovery. There is no reason to doubt they wil fine you. Failure to pay can carry severe consequences. How much was the value of the stolen merchandise. If we know that we can guess the fine amount. Mind you its just a guess based on expereince
 
If you didn't steal anything and didn't deliberately do anything to help your friend steal, then you really should have refused to sign any papers and demanded that they either let you go or call the police. You're not legally considered an accomplice unless you actually assist somebody in committing a crime. There's no such thing as guilt by association, and merely being around a thief doesn't make you a criminal. If you do receive a civil demand in the mail, speak to a lawyer immediately.
 
That is only partially correct. If either the video or eye witiness show that the poster could see what was happening (thus having knowledge) and neither walked away or tried to stop the theft he/she is an accomplice
 
Horsefeathers.
There's no law in the US requiring you to either report a crime or to try to stop one (unless you're a teacher/doctor/caregiver suspecting child abuse, but that's a very specific exception and has nothing to do with this situation). Nor is it illegal to merely be present at a crime scene, whether you're aware of what's happening or not. Granted it makes you look bad if you're hanging around with a thief and it's a good way to get caught up in a legal mess, but if you didn't in any way assist him with committing or covering up the crime, then you're not an accomplice.
 
I can tell you cases like the posters are successfully prosecuted everyday. If the evidence shows that the poster had knowledge of the theft and neither walked away or did nothing to stop it while remaining with the offender he/she is an accomplice
 
Logic316 said:
Horsefeathers.
There's no law in the US requiring you to either report a crime or to try to stop one (unless you're a teacher/doctor/caregiver suspecting child abuse, but that's a very specific exception and has nothing to do with this situation). Nor is it illegal to merely be present at a crime scene, whether you're aware of what's happening or not. Granted it makes you look bad if you're hanging around with a thief and it's a good way to get caught up in a legal mess, but if you didn't in any way assist him with committing or covering up the crime, then you're not an accomplice.
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Laws vary by state. If it can be shown that the companion had knowledge of the crimes, he could be charged as an accessory or even a principal (depending on the circumstances and the laws of the state in question). While there is no law that says he has to dime off his partner, the fact he is a knowing companion can easily result in related charges.

- Carl
 
I would like somebody to quote a reliable legal source (in any state) showing the definition of an accomplice as being anything other than somebody who actively participates in the commission of a crime. There's no question that you can easily wind up getting mistakenly arrested and charged if you hang around dishonest people, that's why one should be careful about which friends he chooses. But nobody should ever be convicted and punished on account of who his friends are.
 
Logic316 said:
I would like somebody to quote a reliable legal source (in any state) showing the definition of an accomplice as being anything other than somebody who actively participates in the commission of a crime. There's no question that you can easily wind up getting mistakenly arrested and charged if you hang around dishonest people, that's why one should be careful about which friends he chooses. But nobody should ever be convicted and punished on account of who his friends are.
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That is precisely the point - the accompanying pal can be charged and arrested as a party to the offense if his or her friend is arrested for the crime. If the thief is popped, and the accompanying pal admits to knowledge of the offense, he or she is likely to be charged as an accomplice unless he or she agrees to be a witness.

While a conviction may not result, a charge and maybe even an arrest is likely. The state tends to look at accompanying friends with knowledge of the crime as parties to the offense. If not a witness, then they could be charged as a principal depending upon his or her actions and relevant state laws.

Whether a person can be charged an an accessory or a principal will also depend on state law. In my state of CA, if the offense is a felony (generally involving thefts of $400+ or entry to the business with the intent to commit theft) the partner can be charged as an accessory under the right circumstances.

No one can say what WILL happen, but is hanging with thieves worth an arrest record?

- Carl
 
As stated time and time again the partner of the active thief has been arrested and charged in these shoplifting cases. It is very difficult to show that the alledged acomplice did not have knowledge of the others actions or did not act as "lookout" the accused acomplice can argue this in court of course but the defense is going to cost more than the fine. If your with a shoplifter the "best" course of action is
A. Stop your friend from stealing
B. Leave the scene and store (If you do not stay with the thief and do not exit with him/her LP is very unlikely to arrest you as well)
 
Logic316 said:
Horsefeathers.
There's no law in the US requiring you to either report a crime or to try to stop one (unless you're a teacher/doctor/caregiver suspecting child abuse, but that's a very specific exception and has nothing to do with this situation). Nor is it illegal to merely be present at a crime scene, whether you're aware of what's happening or not. Granted it makes you look bad if you're hanging around with a thief and it's a good way to get caught up in a legal mess, but if you didn't in any way assist him with committing or covering up the crime, then you're not an accomplice.
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Remember, we're getting her account of what happened. Most guilty people like to leave out bits and pieces.
 
Personally, I want any accomplace I arrest to take active part.
i.e. be lookout, try to block cameras, help rip tags, hold open bags, carry, etc.
 
StoreDetectiveVet said:
Personally, I want any accomplace I arrest to take active part.
i.e. be lookout, try to block cameras, help rip tags, hold open bags, carry, etc.
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That is certainly ideal and allows for a cleaner prosecution with less argument.

I like when it goes to court and the accomplice has to argue a defense akin to: "I was a moron and had no idea what my friend was doing even as she was stuffing clothes into her handbag."

My favorite line - from a real jury trial - has thus far been: "I'm retarded .. and, I was drunk."

- Carl
 
I've always been under the assumption that if a person is with somebody stealing, unless they help them, there is no reason to stop them.
 
Your assumption is incorrect. If it appears the other person had knowledge of theft of acted as lookout they too can be charged. Much depends on what the store policy is and the circumstances of event
 
jason said:
I've always been under the assumption that if a person is with somebody stealing, unless they help them, there is no reason to stop them.
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That may be the POLICY of some store, but it is certainly not the status of the law.

- Carl
 
I've taken "lookouts" before, and "blockers" (A favorite is one who spread their coat out like a Batman cape to block, would have worked great, if my camera wasn't on the OTHER side :) )
I've also taken pepole for disorderly conduct if they interfere in an arrest.
 
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