What to do if my 18 year old daughter was charged with shoplifting because her 16 year old friend shoplifted.

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What to do if my 18 year old daughter was charged with shoplifting because her 16 year old friend shoplifted.

My daughter’s friend stuffed $186 worth of clothing in her purse at a store. She was aprehended outside of the store while my daughter was still inside shopping. While in custody the friend called my daughter and was asked to come to the CS counter. She as well as her car was searched for merchandise and drugs, none was found. The employees acknowledged she was not involved but stated she had to be charged because it was store policy. The officer also acknowledged her compliance and did not arrest her. Will my daughter likely receive a conviction?

Asked on April 3, 2012 under Criminal Law, Virginia

Answers:

Richard Southard / Law Office of Richard Southard

Answered 12 years ago | Contributor

If the employee acknowledged that she was not involved in the shoplift, I suggest you hire a civil attorney as well as a criminal attorney.  You should sue them as no store policy should call for teh arrest of somoene they know was not a participant in the crime.  Now if they continue to say she was not involved to the DA then the charges must be dismisssed.  If they start changing their story, then you need to hire a defense attorney  to aggressively fight these allegations.

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 12 years ago | Contributor

If your daughter did not steal anything, and she did not conspire with her friend to steal anything, then her charges, if any, should be dismissed. Unless there is evidence that she assisted her friend in stealing the items, then she should not be held criminally responsible for the actions of her friend.


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