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I went shopping with a co-worker at the mall. I purchased a few items at another store but ended up at a department store(Where we had parked and walked through). While I was shopping my co-worker offered to hold my some of my bags(She had no bags). She said that she was going to try some things on and carried my bags along with her clothes to try on into the fitting room. When she exited she had my bags and nothing to purchase, saying nothing she tried on fit and handed me my bags back. When we left the store and got into my car I saw her pull a few things from my bag and put them into her backpack(which she had left in my car). I checked later and everything I purchased was in my bags. I think she stole 2 tops that were about $150 each. Can the store copy down my car tag and track me down since she left with me? We look kinda similar, thin and blonde hair. Could they track me down with and charge me, they were my bags to begin with? Could they confuse us and charge me? Help!

2006-12-12 06:53:23 · 13 answers · asked by sydney s 1 in Politics & Government Law & Ethics

I have tried to see if she would say anything about taking stuff but she won't. I'm just worried I am going to have a cop at my mom's front door (My tag is in her name)a day from now! Does this happen? I hasn't very friendly with her before, but that day I was trying to be nice(See where that gets me!) cause she was eating by herself at lunch. Her last day at our office is the 29th (She is getting transfer to a office in another city),but if we got out the store without being stopped are we good? Plus they don't technically have her on take she was in the fitting room. Does this matter?

2006-12-12 07:07:25 · update #1

Have her on tape..sorry misspelling.

2006-12-12 07:08:10 · update #2

13 answers

The law in California is that if a person enters a business that is open with the preconceived intent to commit a crime, to wit petty larceny in this case, they can be charged with burglary in the first degree. PC 666 is what is known as a wobbler, in that it can be charged as either a felony or a misdemeanor at the
discretion of the prosecutor. That is the possible theft charge.
The second problem is 459 PC which is the burglary charge.
You dont say how long ago this happened, but my guess would
be the longer time passing, the less likely that you will have a
problem. In most cases, unless you are arrested outside of the store, unless they have tape or film evidence, the charges would
be much more difficult to prove. In either case, if you are arrested, you can have an attorney appointed from the local Public Defenders office if you are unable to afford counsel. The
factors that a court considers in sentencing are prior record, gravity of the offense, and the likelihood that the accused will
commit the same or a similar offense in the future.
I hope this helps, and if you need any further advice feel free to
email me at JurisDoctor48@yahoo.com. Good luck.

2006-12-12 07:18:29 · answer #1 · answered by Jeffrey V 4 · 0 0

Shoplifting (in most states) can only be charged if the "criminal" is caught leaving store property with merchandise. You could also be charged as an accomplice unless you were holding the bags then you are primary violator. Once you leave the property and go home -for example they (in most states) cannot prosecute. If they saw you but didn't say anything they may bann you from the store and/or the mall. With it being 2 items of $150 ea. they might could prosecute for buglary of $300+ value, but then they would have to prove their case without a doubt and court costs would be more (so they probably wouldn't)--- Don't hang out with this friend anymore you will end up in jail or worse.

2006-12-12 07:00:24 · answer #2 · answered by weebles 5 · 1 1

First, this is no friend! I would advise her that you will turn her in if she ever pulls that crap again. Since she handed the bags to you when you walked out, you would be the one arrested and charged unless you were able to convince the police that she was the one responsible, that you had no idea and that you would testify against her in court. I suspect she already has a wrap sheet since she was smart enough to hand the bags to you and let you walk out with them. Defending yourself against her would be easier if you wore a different size than she does. Basically, if you were not stopped when you exited the store, you will not be tracked down and charged, especially since you are not in posession of anything.
IN THE FUTURE DO NOT GO SHOPPING WITH THIS PERSON FOR ANY REASON!
If she is stealing from a store, she is probably stealing from your employer as well.

2006-12-12 07:06:24 · answer #3 · answered by Anonymous · 1 1

No. In order to prove shoplifting you have to catch them at the store in the act. If they catch the girl otherwise it is theft and they will have proof that she is the only one involved.

If the store had any idea, they would have taken care of the problem at the time of the incident. I wouldn't go shopping with her again and I wouldn't let her hold my bags.

At this point even YOU don't have any proof that she did this, how could the store possibly have proof? You have nothing to worry about except your choice of friends!

2006-12-12 07:14:38 · answer #4 · answered by Goose&Tonic 6 · 0 0

If you are caught with stolen merchandise in your bag when leaving the store, you have to prove she did it.

Solution: when someone does something unusual, like carry your bags into the dressing room, BE SUSPICIOUS! If you get caught, it's YOUR behind they will throw in the slammer, but obviously, that is what your "FRIEND" was planning. Some friend!

2006-12-12 07:07:25 · answer #5 · answered by Anonymous · 1 1

you could be charged as an accomplice....ummmmm best bet because if they do have oyu on camera with her they will follow you next time your in a store....confront her and tell her ya know it's either her or you and she's obviously willing to take that chance of you getting record........

2006-12-12 08:11:06 · answer #6 · answered by ag2588101 3 · 0 0

Nice friends you have.

Have you confronted her about what she may have done?

Legally...you don't seem to have anything to worry about because they can't prove anything.....but.....if you really believe she stole things and used you.........get a new friend and drop this one like a hot potato

She is no friend.

2006-12-12 06:57:56 · answer #7 · answered by Joey Bagadonuts 6 · 1 0

The fact that they could claim that you were an accomplice could get you in hot water. Not only that, she could deny everything and claim that you pressure her into it. I wouldn't go shopping with her (like you need me to tell you that). Also possibly discrete ask her about the clothes and mention that she shouldn't have put you in that position.

2006-12-12 06:57:39 · answer #8 · answered by muh 3 · 0 2

do not go shopping with her again--in our town (Sonora, CA) i was in Wally world with a firend who was shoplifting almost everything--i had NO clue!!! after he left the store and showed me all of what he had "picked-up" i was stunned! i said--what if they caught you and i was with you--? he said id get arrested for conspiricy to theft--i said "thank you very much A**hole"
but i do think once u have left the store and no one has noticed the theft--your worries are few--just do not go with her again--and ask your friends ahead of time "do u plan to shoplift?" and then do not go with them if the say yes.
PS--they guy i mentioned is currently serving time in our local jail--shoplifting with a firend!

2006-12-12 07:04:45 · answer #9 · answered by Anonymous · 0 1

O-YOU-BETTER-BELIEVE'''''' YOU CAN"!!!!.

Turns on Post-ecto-facto, Giulty after the fact. By your not reporting this to the police you are " aiding and abedding " and subject to prosecution as an " accessory after the fact " whether you intended to shoplift or not. If the Store camera ,,, Caught You On Tape and file it, Your Toast!!! Watch yourself. and Good Luck, Oh, and by the way GET RID OF YOUR FRIEND ******* THATS """NO FRIEND"""".

2006-12-12 07:10:08 · answer #10 · answered by Chuck-the-Duck 3 · 0 2

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