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Am I an Accessory to Shoplifting

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  • 05-15-2011, 02:13 PM
    drreezy
    Am I an Accessory to Shoplifting
    My question involves criminal law for the state of: california

    I drove 3 kids to a cvs because they said they wanted to use the bathroom and get some gum. They got out and I just waited in the car because I didn't need to buy anything.




    However 2 of them took redbulls from the store without purchasing them. I had no knowledge that they were stealing from the store, so I let them back in the car and drove them to where I was supposed to drop them off.





    After that a police officer came to my adress by backtracking the license plate number on my car that one of the security guards saw. They said they had video of the 2 kids shoplifting from the store, but no video of me since I didn't even go inside the store. I gave them whatever information I could about the shoplifters, but I hardly knew them other than their first names, and descibing who was who.


    Its been 2 days since the incident, and I haven't been contacted by the police since then. They didn't give me any tickets, but they wrote my name and number down



    Are they going to try to arrest me and charge me as an accessory even though I didn't know that those kids were stealing?


    How long would it take for a police officer to charge me for it? When will I know if I'm being accused?
  • 05-15-2011, 02:32 PM
    LawResearcherMissy
    Re: Am I an Accessory to Shoplifting
    Quote:

    Are they going to try to arrest me and charge me as an accessory even though I didn't know that those kids were stealing?
    No one here can read the minds of the officers in question. CAN they try to charge you? Yes. WILL they? Only they can tell you.

    Quote:

    How long would it take for a police officer to charge me for it? When will I know if I'm being accused?
    You'll know when the police show up to arrest you, or you receive a summons to appear in court. They have up to a year to file charges, but retailers rarely wait that long to press charges. Right now, you're borrowing trouble. Unless and until you're informed that you're a suspect, relax. It's likely that the officers have taken you at your word, that you had no idea what the kids were up to.
  • 05-15-2011, 02:46 PM
    drreezy
    Re: Am I an Accessory to Shoplifting
    When I was talking to them the cops also said I couldn't help them with anything because they already had video footage of the shoplifters and their descriptions. It was shortly after that when they left.

    I'm afraif that if they can't catch the shoplifters, they're just going to try to charge me and call it day..
    Should I expect them to talk to me again?
    Should I answer their questions? Or is it best to stay silent?
    I don't want them to make me say something that makes it seem as though I was involved in some way.

    I'm 18 years old and I don't think my parents could provide me with a lawyer at this time either

    Also, can CVS send me a civil demand letter, even though I never stepped inside of the store?
    I believe at this time, my adress is the only one they have

    Also, can CVS send me a civil demand letter, even though I never stepped inside of the store?
    I believe at this time, my adress is the only one they have
  • 05-15-2011, 02:56 PM
    LawResearcherMissy
    Re: Am I an Accessory to Shoplifting
    Quote:

    I'm afraif that if they can't catch the shoplifters, they're just going to try to charge me and call it day..
    That's not the way that works. You were not in the store at all. The most they can do is attempt to charge you as an accessory.

    Quote:

    Should I expect them to talk to me again?
    We can't answer that. We're not privy to the investigation.

    Quote:

    Should I answer their questions? Or is it best to stay silent?
    I don't want them to make me say something that makes it seem as though I was involved in some way.
    If this is a concern, I would suggest that you refuse to speak to them without an attorney present.

    Quote:

    I'm 18 years old and I don't think my parents could provide me with a lawyer at this time either
    At 18, it's YOUR responsibility to obtain counsel.

    Quote:

    Also, can CVS send me a civil demand letter, even though I never stepped inside of the store?
    They could certainly TRY, but you're under no obligation to pay it. In the unlikely event that they did so and attempted to sue over it, you can raise the defense that you were never in the store.
  • 05-15-2011, 04:16 PM
    cdwjava
    Re: Am I an Accessory to Shoplifting
    As a father of teenagers, and having dealt with teens and juvenile crimes over a 20 year career, I find it unlikely that you were unaware of your friends' actions. I strongly suspect that you knew about their five finger discount either before they went inside, or after they returned to the car and were telling you to drive away, giggling about their theft, or bragging.

    So, if I find your claim of a lack of knowledge to be suspect, you can guarantee that the local cops do as well.

    That being said, it is very likely that they cannot tie you into this. Even if they do not believe you, absent some admission from your cohorts that you drove them there knowing they were going to steal (a burglary), it does not appear that any charges can be brought against you.

    Yes, CVS might decide to make a civil demand against you. It is doubtful, but they can send the letter to you if yours is the only contact info they have. You can refuse to pay and explain that you did not know about the theft, but you might then have to deal with the matter in civil court.

    I assume that you gave the police the information on your friends? If you did not provide that info, you can guarantee that you will be a suspect and that further action MAY be forthcoming.
  • 05-15-2011, 04:44 PM
    drreezy
    Re: Am I an Accessory to Shoplifting
    I actually do not know these kids very well.. it was my 2nd time meeting them and the only reason I was giving them a ride was because they agreed to pay me gas money if I took them to where a party was.

    They told me they would be back in a few minutes. When they came back, they casually walked to my car and where holidng nothing.. I didn't know that they were stealing things.

    But I can comepletly understand that a cop would not believe the story I told them and thatt I didn't know what happened. Considering that I am also a teenager.
    I told the police as much as a possible could about the kids because I didn't want to get in trouble for their actions.
  • 05-15-2011, 04:46 PM
    cdwjava
    Re: Am I an Accessory to Shoplifting
    Did you know them well enough to give the cops their names and at least what school(s) they went to? If you claimed to know only a dubious first name or less, then the cops are going to claim "shenanigans."

    No teenager I know (and I know many - I have 4 that live under my roof, and they all have many friends) gives a ride to a car full of people they do not know. So, I can only assume you knew at least one of them pretty well, and certainly enough to provide a name and some contact info to the cops. If you did not - or claimed not to - know anything, expect to be a suspect into the foreseeable future.
  • 05-15-2011, 04:56 PM
    drreezy
    Re: Am I an Accessory to Shoplifting
    Well this puts me in a very tough situation because I did not know their last names or where they live.
    I gave the police whatever information I could; first name, what school they went to, and where I dropped them off.

    If I'm expected to be getting another visit from the cops again very soon, would it be best for me to get a lawyer at this point? Would they be able to defend my case?
  • 05-15-2011, 05:04 PM
    cdwjava
    Re: Am I an Accessory to Shoplifting
    Quote:

    Quoting drreezy
    View Post
    Well this puts me in a very tough situation because I did not know their last names or where they live.
    I gave the police whatever information I could; first name, what school they went to, and where I dropped them off.

    If I'm expected to be getting another visit from the cops again very soon, would it be best for me to get a lawyer at this point? Would they be able to defend my case?

    From what you have said, the police would have a tough time making a case against you. The circumstances make you look guilty, but they do not appear to have enough to charge you in the theft/burglary.

    But, you only know a first name and the school they go to ... really? If that is true, you are truly a rarity among teens. While it is true that kids tend to give rides to casual acquaintances, not knowing something more about at least one of the people in the car is a true anomaly.

    If they cannot find the girls with the name and school, a likely return visit is in order. At that point, you might want to consider lawyering up because they will already be looking at you as a co-conspirator.

    If they do find the thieves, is there any chance that one or more of them will finger you as knowing about the crime before it happened? After it happened? Are they all going to deny bragging or talking about it? That, too, would be uncharacteristic of teens.
  • 05-15-2011, 05:08 PM
    drreezy
    Re: Am I an Accessory to Shoplifting
    Quote:

    Quoting cdwjava
    View Post
    No teenager I know (and I know many - I have 4 that live under my roof, and they all have many friends) gives a ride to a car full of people they do not know.

    Your children do not represnt the millions of other teenagers living in this country. We all come from different backgrounds. Not all parents raise their children according to the same book, and not all of them are lucky enough to have a knowledgable police officer as their parent. But I digress..

    I moved to the city I currently live not all that long ago. I don't have close connections to the people around me. These kids do not go to the same school as me, and I have never actually "hung out" with any of them.
    I gave them a ride in an effort to be kind and make new friends in the area.
    However this time it backfired and got me caught up in a legal situation.
  • 05-15-2011, 05:17 PM
    cdwjava
    Re: Am I an Accessory to Shoplifting
    Never said I knew all teens, but, I have worked juvenile crimes in the big city and the small city, have done research and have a background in education and the psychology/sociology of juveniles, and have the added benefit of knowing a great many teens for many years. Yes, you could be an anomaly. But, if you want to know where the cops are coming from, I'm telling you. They will be skeptical about your sketchy knowledge of these friends and will likely look at you as a suspect. You may not think that's fair, but there it is.
  • 05-15-2011, 05:35 PM
    drreezy
    Re: Am I an Accessory to Shoplifting
    Thank you for your insight on the matter.

    Considering that my story is unbelievable to the police officers, what would there next line of action be?
    I assume the investigation is still underway, and they are trying to gather more evidence so that they could accuse someone of a crime, in this case, me.

    Will they come question me again?
    what kind of evidence would they need to give me a citation?

    How and when will I know if I am seen as a suspect?

    How long do these shoplifting investigations usually take to conclude?
  • 05-15-2011, 05:47 PM
    cdwjava
    Re: Am I an Accessory to Shoplifting
    Quote:

    Quoting drreezy
    View Post
    Considering that my story is unbelievable to the police officers, what would there next line of action be?
    I assume the investigation is still underway, and they are trying to gather more evidence so that they could accuse someone of a crime, in this case, me.

    It may not be "unbelievable" to them, but it might be difficult to believe. There are exceptions to every rule, and we cops are cynical by nature.

    It may be that they have nothing more. Until they have had time to attempt contact with your "friends" they may leave you be. if they believe the info you gave was bogus, or, the friends implicate you in some way, they may well be back to talk to you.

    Quote:

    Will they come question me again?
    what kind of evidence would they need to give me a citation?
    They might come to question you ... they might not. If they have nothing more, and they do not think you will confess, then they may not come back for a while - if at all.

    If they see this as petty theft, they would likely seek an arrest warrant or a summons through the court, they could not issue you a citation. If they see it as a burglary, they will likely seek an arrest warrant.

    If what you say is true and the friends do not implicate you, then I doubt any summons or warrant will issue. Though a subpoena for your testimony as a witness at trial might come your way if the matter ever goes to court against the other kids.

    Quote:

    How and when will I know if I am seen as a suspect?
    When they tell you, or, when you receive a summons, or when you are arrested.

    Quote:

    How long do these shoplifting investigations usually take to conclude?
    It depends. If they have not done anything to you in a couple months, you may be safe. But, with resources stretched thin, prosecutors may wait a long time to pursue misdemeanors. If petty theft, they may not get around to filing on any suspects until almost a year has passed - if at all.
  • 05-17-2011, 10:32 PM
    drreezy
    Re: Am I an Accessory to Shoplifting
    Somebody on another forum told me that under california law, a person can only be an accessory to a felony (PC32). Not a misdemeanor.

    Is there any truth to that?

    And if that's true, would that make me an accomplice instead?
    Keep in mind that I never stepped into the store.. so there is no video of me being physically present at the scene of the crime.

    What would make a person be an accomplice to shoplifting?
  • 05-17-2011, 10:55 PM
    cdwjava
    Re: Am I an Accessory to Shoplifting
    Quote:

    Quoting drreezy
    View Post
    Somebody on another forum told me that under california law, a person can only be an accessory to a felony (PC32). Not a misdemeanor.

    Is there any truth to that?

    And if that's true, would that make me an accomplice instead?
    Keep in mind that I never stepped into the store.. so there is no video of me being physically present at the scene of the crime.

    What would make a person be an accomplice to shoplifting?

    Yes. And, if an accomplice, you would be a witness who is liable for the same offense as the primary actor. if you aided and abetted them in their action, you could also be charged with the crime alleged. Additionally, if they found any prior arrangement then you an also be charged with a felony for conspiracy (PC 182).
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