Shoplifting in Walmart

My question involves criminal law for the state of: PA

I was at a WalMart with my sister. I helped her pick out a disposable razor which she later stole. I did not take anything from the store, nor did I watch her steal the razor. I checked out and paid for my items, and she left the store. She was stopped by security and when I went to leave she called me on my cell phone and told me she was being held, so I went to her. They charged both of us with retail theft, privately through wal mart. They said that we would be given summary offenses and paperwork would be sent to us from the magistrate. Can they charge me with this even though I bought my items and didnt take ANYTHING? Should I plead guilty or not guilty to the papers they are going to send me? I have NOTHING on my record and I'd like to keep it that way. Please help!

lol .. walmart is not a DA .. they cannot "charge" you with anything. They can file a civil complaint. Any papers from them? I would not respond. Did you say anything to them at the store or to any cops?

This is a typical case of loss prevention personnel assuming that if two persons are shopping together and one of them shoplifts that the other must be in on the theft. Sometimes this is used as a grounds to increase criminal charges from simple theft to burglary, the theory that persons involved in a joint shoplifting endeavor formed a plan to steal before they ever entered the store. Hopefully, that didn't happen to you and your sister. It doesn't sound like it did, but I wold have to know the precise charge to be sure. I assume, however that you have been charged with some sort of crime of theft and not just for an infraction, which is technically non-criminal.

On the facts you stated, you are not guilty. Getting out of it is another matter. You should definitely find a lawyer in your area who is experienced with defending criminal matters and is not afraid to take a case to trial. Spending the money on a lawyer is worth it to avoid an unjust criminal record. If you have to go to court before you can find a lawyer, ask the judge for time for you to find a lawyer or plead "not guilty" if you have to enter a plea. If you cannot afford a lawyer, ask the judge to appoint one for you. If jail is a theoretically possible sentence, the judge has to do that if you can show you don't have the money to hire a lawyer.

At a trial, it will be up to the prosecution to prove to a jury, beyond a reasonable doubt, that you knew that your sister was stealing and that you assisted her in some way in order to convict you. If you get a tough lawyer there is a good chance that the prosecution will drop the case. If you have to go to trial, on the facts you stated you have a good chance of getting off unless the surveillance video makes it look like you were helping your sister in some way. Your chances at trial are even better if your sister will testify that yes, she stole the item and you did not know about it. I would fight it. Good luck.