Is it legal to be charged for shoplifting if you didn't do it?

Question

My friend was just charged and has a court date in 2 weeks because he was with a friend who was caught putting $170 worth of merchandise in his pocket, however, he not only never took anything, but neither passed the registers to leave the store. hey were stopped while standing in the entertainment section. It this legal?

Answer 1

Perfectly legal. The trial will determine if there is sufficient facts to convict him.

I just read the Washington law that would apply in this situation. It does not require leaving the store. "...and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price..." While I don't know what state you are in so I can't read the exact law that would apply to your friend you can bet the DA and his defense attorney have.

Answer 2

While I'm no lawyer, putting merchandise in one's pockets in the store can give the store reasonable suspicion that a shoplifting is going to occur. Typically, what a store does when this is noticed is to track said individual then apprehend them at the exits, but as to the legality of it, AFAIK, they can press charges. It would be up to them to prove his guilt in court, though.

Answer 3

Of course it's legal to be 'charged' with a crime you didn't commit. That's what the trial is for - to determine if he's guilty or not.

Now, as to whether he 'is' guilty....

The friend who put the stuff in his pocket is apparently guilty of "theft by concealment". You don't have to pass the registers to have stolen the stuff, hiding it with "intent" to steal it is enough. Whether putting it in his pocket was hiding it with intent to steal is up to the jury - but if he was caught with it in his pocket - even inside the store - he's almost certainly toast.

Now, as to your friend. If he was acting with the other guy, then he's just as guilty, even if he didn't put anything in his pockets. If the jury feels that he was acting as a lookout, or causing a distraction, or in any way an accomplice to the theft, then he's just as guilty as the guy with the stuff in his pocket. (It's like being the getaway driver at a bank robbery - you don't even have to go in the bank to be guilty of the murder of a guard shot during the robbery)

Richard

Answer 4

Yes. Concealment of merchandise is a crime. He in fact "intended to permanently deprive" the store of its merchandise. It is larceny by definition. They don't need to leave the store.

As for your friend, he could be charged as an accomplice.

Answer 5

Being charged, does not mean guilty.

Your friend was with the wrong person at the wrong time...who did the wrong thing.

Sounds like you are very young, learn from this... and DON'T GO SHOPPING WITH THIS PERSON IN THE FUTURE.

Answer 6

you can be charged with anything you are suspected of you are given A court date to prove your incense pretty crazy hu
tell your friend to lawyer up its all about the money. good luck.

Answer 7

Nowadays it is. It didn't used to be. He still might get off but did he get busted before he left the store? If so, he's going down.

Answer 8

no, thats why security usually wait till you have walked out the door and then they approach you. I think the case you are in is because the store wants you to pay a fine, not the court.

Answer 9

Did he know his friend was shoplifting? Because often times, knowledge of the crime makes you a lawbreaker as well.

Answer 10

Yes I think they could be charged with conspiracy to commit a crime. Whether they would be found guilty is another matter