Daughter and her ticketed for shoplifting, only her friend stole the item.

[lacost]

What is the name of your state (only U.S. law)? Colorado.

Today my teenage daughter was given a ticket for shoplifting even though she did not steal the item (a Sharpie pen). My daughter and her friend were taken from the checkout line to a back room were her friend confessed to taking the item. The theft was at a Walgreen's store across from her high school. The ticked does not seem fair or legal to me. Can someone who was accompanying a person who shoplifted be charged with shoplifting?

Thanks in advance for any help/advice.

 

[Zigner]

What is the name of your state (only U.S. law)? Colorado.

Today my teenage daughter was given a ticket for shoplifting even though she did not steal the item (a Sharpie pen). My daughter and her friend were taken from the checkout line to a back room were her friend confessed to taking the item. The theft was at a Walgreen's store across from her high school. The ticked does not seem fair or legal to me. Can someone who was accompanying a person who shoplifted be charged with shoplifting?

Thanks in advance for any help/advice.

Sounds to me like she participated, even if she didn't actually put it in her pocket/purse.

 

[lacost]

Sounds to me like she participated, even if she didn't actually put it in her pocket/purse.

Kind of like how a passenger in a car ticketed for speeding participated, even though their foot wasn't actually on the gas?

 

[Zigner]

Kind of like how a passenger in a car ticketed for speeding participated, even though their foot wasn't actually on the gas?

No, kind of like the getaway driver participates in a bank robbery, even though they're not in the bank.

 

[lacost]

No, kind of like the getaway driver participates in a bank robbery, even though they're not in the bank.

The difference there is the getaway driver knew what they were doing and there was intent to break the law. In my daughter's case she did not know her friend had put a pen in their pocket. I really don't want to get into some kind of an argument here, just looking for some advice.

 

[Zigner]

The difference there is the getaway driver knew what they were doing and there was intent to break the law. In my daughter's case she did not know her friend had put a pen in their pocket. I really don't want to get into some kind of an argument here, just looking for some advice.

Ahh, the old "but I had no idea she was stealing" defense.

Your daughter needs an attorney to advise her.


ETA: You didn't mention in your first post that your daughter claimed to have no knowledge...I'm just sayin'

 

[LdiJ]

What is the name of your state (only U.S. law)? Colorado.

Today my teenage daughter was given a ticket for shoplifting even though she did not steal the item (a Sharpie pen). My daughter and her friend were taken from the checkout line to a back room were her friend confessed to taking the item. The theft was at a Walgreen's store across from her high school. The ticked does not seem fair or legal to me. Can someone who was accompanying a person who shoplifted be charged with shoplifting?

Thanks in advance for any help/advice.

You really should speak to a criminal law attorney. They might be able to do something for her...maybe even get the charges dismissed.

 

[quincy]

What is the name of your state (only U.S. law)? Colorado.

Today my teenage daughter was given a ticket for shoplifting even though she did not steal the item (a Sharpie pen). My daughter and her friend were taken from the checkout line to a back room were her friend confessed to taking the item. The theft was at a Walgreen's store across from her high school. The ticked does not seem fair or legal to me. Can someone who was accompanying a person who shoplifted be charged with shoplifting?

Thanks in advance for any help/advice.

Many shoplifters are known to work in tandem - one will distract a sales person or shop owner while another pockets items. In Colorado and elsewhere, aiding and abetting in a crime can result in the same punishment for the aider and abettor as the punishment received by the one who actually committed the crime.

Following is a link to Colorado's shoplifting statute. You should make note of the fact that you as the parent can be ultimately responsible for any damages awarded in any civil action that might be filed.
http://www.criminaldefenselawyer.com/resources/criminal-defense/misdemeanor-offense/shoplifting-charges-colorado

Because shoplifting is a crime that can result in a criminal record for your daughter if she is convicted, you would be smart to seek the assistance of a criminal defense attorney. It is possible that a prosecutor will not pursue any charge against your daughter, especially if there is no evidence that supports your daughter's knowledge of or involvement in the shoplifting by her friend. However if the store has a videotape that indicates your daughter intentionally occupied a Walgreen worker to distract her and divert her attention away from the shoplifting friend, a criminal charge may be more likely. A diversion program could be available to your daughter, though, to help her avoid a criminal record.

Even if the charge against your daughter is dismissed, Walgreen's still can prohibit your daughter from ever entering the store again.

 

[CdwJava]

The difference there is the getaway driver knew what they were doing and there was intent to break the law. In my daughter's case she did not know her friend had put a pen in their pocket. I really don't want to get into some kind of an argument here, just looking for some advice.

Clearly the police had a different impression of your daughter's involvement. They likely have video, perhaps personal observation as well. And, who knows, the friend may have told the cops that your daughter DID know.

If your daughter has to appear in court, I recommend you hire an attorney for her.

We hear all the time from kids (and adults) that they knew nothing about what their friend did. Yet, when you review video and actions, they are clearly in cahoots and act in a manner that belies their guilt. Just last night I had a guy insisting that he did not know what his friend did even though the video clearly shows them picking a bluetooth earpiece box off the shelf, suspect #1 cutting open the box as #2 looks on and then starts watching either way on the aisle. Later, when he sees a police car, he sheds his outer shirt and the knit cap he was wearing (clearly, in order to avoid detection). Yet, when contacted later, #2 insisted he had no idea ... he had no answer as to why he decided to shed clothing when the police were rolling past him.

The point is, most kids are very aware of what their friends are up to in these situations. And, of course, they are going to tell their parents they were not involved. Unless they were on opposite sides of the store, she almost certainly knew ... and if she was right with her thieving friend, she almost certainly knew.

 

[lacost]

Thanks

Thanks for the advice and guidance, you all have brought forth points I did not consider. When I have had a chance to cool down I will speak with my daughter again and maybe get a different version of what happened. From your responses it sounds like it would be wise to at least get the opinion of an attorney as to what we should do next. Again. thanks.

 

[quincy]

Thanks for the advice and guidance, you all have brought forth points I did not consider. When I have had a chance to cool down I will speak with my daughter again and maybe get a different version of what happened. From your responses it sounds like it would be wise to at least get the opinion of an attorney as to what we should do next. Again. thanks.

We all appreciate the thanks, lacost, so thank you.

I think it is smart for you to speak again to your daughter. If she really didn't have any knowledge of her friend's theft, or her friend's intent to steal, that is a good defense to the shoplifting charge.

Consulting with an attorney in your area is also smart. The attorney can either get the charge against your daughter dismissed outright or the attorney can work with the prosecutor and the judge to see that your daughter escapes a criminal record.

One additional note: If your daughter is approached by the police and questioned about the shoplifting at Walgreen's, she should say nothing to them but instead refer all questions to her attorney. She should not talk to others about the shoplifting, either. This is for her protection.

Good luck.

 

[CdwJava]

Thanks for the advice and guidance, you all have brought forth points I did not consider. When I have had a chance to cool down I will speak with my daughter again and maybe get a different version of what happened. From your responses it sounds like it would be wise to at least get the opinion of an attorney as to what we should do next. Again. thanks.

We almost all get disappointed with our kids' actions from time to time. I will admit that my otherwise good kid was a numbskull and shoplifted a sandwich from a convenience store when he was a sophomore in high school (made all the more embarrassing because I was working when I got the call from another officer!). He served informal probation and had to make restitution to the store manager. It came out of his allowance and then some. I even offered a couple of weeks of indentured servitude for the boy, but, the manager said their insurance would not permit a "volunteer" to work there. So, we found other ways for him to give back as he spent the next couple of months in the doghouse (i.e. grounded).

As Quincy mentioned, speak to her again ... and a third time if necessary. While it's very unlikely that she had no knowledge of her companion's actions, it is possible. And while we all want to believe our kids, they do lie. Even the good ones. And once cemented into the lie, they often feel they have no choice but to perpetuate it. Maybe she'll come clean one way or the other, but, discuss it when you have hit a level place and she has had time to realize that you are not going to disown her or stop loving her if she made that mistake. Kids don't think like we do ... it's what can be so frustrating about them! (I have four boys and all the headaches that come with them!)

 

[TigerD]

I'll just add the point no one has yet mentioned:

This is a great time to discuss how important the selection of ones friends is.

TD