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Why was I detained and charged just because my friend shoplifted?
I was shopping with my friend. When we left the store we were stopped by two lady loss prevention agents. It turned out my friend was shoplifting, which I didn't know. She fessed up right away. I didn't steal anything. They said we both had to go with them to the security office. I tried to leave but one of the LP agents grabbed me and handcuffed me, hands behind the back. They separated us and tried to get us to admit we were in on it together. My friend and I stuck to the truth which was that I wasn't involved. We were both taken to jail and charged with misdemeanor theft. My friend pled guilty later and the charges against me were dismissed. I spent three hours in handcuffs and a night in jail. Why would they do this to me just because I was with someone who shoplifted? Any ideas on whether this kind of thing is legal? If not, does anyone think I have a legal remedy against the store for false arrest or something? Opinions on whether this is worth pursuing?
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I am a great deal older than most of the advisers on this site, so my advice will be somewhat different from what you may have received and may continue to receive from others.
I disagree with the two other advisors; your friends shoplifting does not mean you are guilty by association. Unless you did something to aid and abet her crime there was no reason to detain, or charge you. Retail stores are somewhat overzealous in there loss prevention programs and rightfully so given the high loss rate they are incurring. That does not mean they are immune from such charges as false arrest, false imprisonment and any other charges a competent attorney may come up with.
My advice is that if you are under 18 you and your parents should seek the advice of a competent attorney. If you are over 18 you do not need your parent to seek the counsel of an attorney. Laws concerning shoplifting, aiding and abetting differ slightly from State to State so it is ill advised of me to advise you based on the law in my state.
If you have been wronged under the law in your state the attorney will advise you and what your potential remedies may be. He or she may suggest seeking simple expunge meant of the record, too suing both the store and the Police Department for False Arrest and other charges. The stronger your case is the better chance the Attorney will take the case on what is called a contingency basis. This is where the Attorney shares in any award you receive; generally about a third plus any expenses they incur.
You can always find an Attorney who will take you case to court based on a retainer against billable hours. It’s your gamble all the way as they have nothing to lose by taking your case. Their being paid win or lose. So do not base your decision to sue based on finding a lawyer who agrees to take your case with you paying the way. Base your decision on finding a lawyer who will gamble with you either in whole or part.
You can have the best case ever to be taken to court and still lose. A good lawyer will try to win a case out of court through compromise. The definition of a good compromise is: “something no one likes, but everyone can live with.”
Good luck.
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It's legal. Since you were with her whether or not you stole anything you're still in trouble. At least your charges were dismissed. You know, its that whole, you were at the wrong place at the wrong time kinda thing. You didn't steal anything but you were there.
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it is legal my parents always tell me no matter what happends if you know if she shoplifeted or not you are in trouble too. its called guilty until proven other wise. lets say your in a car with your friends you guys get pulled over turns out your friend has drugs on them but you had none and no idea. your still in trouble. it sux, but the way it is. everyone makes mistakes but if you hang with the wrong crowd then id make it a point to hang with other people i'm sure your friend will never do that again we all have faults. sorry you had to go through that.
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