Caught Shoplifting at Macy's

My question involves criminal law for the state of: New York

I understand what I did was completely wrong & I have learned my lesson, so I would prefer if no one lectured me.I'm 16 years old with a clean record. So

basically, I saw a cute shirt & acted stupidly and impulsively. I didn't think I was gunna get caught since I sadly have done it before. But I somehow did & an LP

came up to me saying that I had the piece under my jacket. She took me to her "office" where I was locked up for 2 hours and filled out a sheet of paper with my

information on it. She went through my bag and counted all the money that was on me ( Is she allowed to do this ?) She threatened my mother saying I was

gunna go to jail if my mom didn't pay the fine ($350) but once she payed a part of the fine, she told her it wasn't possible for me to go to jail, since i'm only 16.

She also decided to tell my mom I hated her & that I was crying ( not true). After a long 2 hours she finally released me to my mom & never bothered to explain

anything to me , in fact, I had to ask how long I wasn't gunna be allowed into the store & about the fine. So my questions are these :

- How did she know the merchandise was under my coat & not in my bag? My only explanation to that is that Macy's HAS to have camera's in the actual stall where you change , right?
- And what happens now ? She told me she was gunna work her magic with her manger cause I'm a good kid & mistakes are meant to be made. I was never photographed like any of the other individuals so are my charges not so heavy?
- And she also told my mom , my record would be cleared once I turn 18 , True or False ?
- I've been trying to get a job , will this affect the outcome ?
- Do I have to go to court ?
Thank you ,any responses are appreciated.

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Quoting d18

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She went through my bag and counted all the money that was on me ( Is she allowed to do this ?)

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They do that so you don't come back later saying money is missing, it should have been done in front of you.

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Quoting d18

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She threatened my mother saying I was gunna go to jail if my mom didn't pay the fine ($350) but once she payed a part of the fine,

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That is a HUGE no-no. I'd make a complaint to their manager. Given the way Macy's LP tends to operate, it likely won't go anywhere but it never hurts. You could also make a complaint to the district level manager, that has a better chance of being acted on.

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Quoting d18

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- How did she know the merchandise was under my coat & not in my bag? My only explanation to that is that Macy's HAS to have camera's in the actual stall where you change , right?

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There are ways and no, there are not cameras in the stalls. I'm not gonna give you a tutorial to improve your skills for future incidents.

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Quoting d18

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- And what happens now ? She told me she was gunna work her magic with her manger cause I'm a good kid & mistakes are meant to be made. I was never photographed like any of the other individuals so are my charges not so heavy?

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If it was a single, low-cost item I doubt they will prosecute at all. You weren't photographed because it's against policy at most retailers to photograph minors.

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Quoting d18

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- I've been trying to get a job , will this affect the outcome ?

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It shouldn't if you weren't arrested. Minors aren't entered into the Nat'l Retail Theft Databases. If you are asked about it on an application, you must answer truthfully or you could lose your job later.

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Quoting d18

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- Do I have to go to court ?

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Were you arrested by the police? Did Macy's say they were going to report it to the police? If no arrest, then you don't have to worry about court.

The LP isn't allowed to tell my mother what she did ? And what would I tell the manager ? And I don't want a tutorial , I'm honestly ashamed of what I did & wish the thought had never crossed my mind, I'm just asking. I don't understand how the LP could possibly know that the merchandise was under my coat and not in my bag. Also, there was an 11 year old who was photographed and she stole a low cost item. And I was not arrested by the police & Macy's didn't tell me anything about what was going on , I had to ask what I was signing , how long I wasn't gunna be allowed into the store for , & the fine at the bottom of the paper.

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Quoting d18

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The LP isn't allowed to tell my mother what she did ?

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They aren't allowed to say anything that implies failure to pay part/all of the civil demand will result in criminal prosecution. It has to be kept completely separate.

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Quoting d18

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And what would I tell the manager ?

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That you were threatened with arrest if you failed to pay the civil demand. A lot will depend on the LP's exact words, and I can assure you they will tell an entirely different version to their manager even if they made such a threat. The manager is more likely to believe their own employee over a thief.

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Quoting d18

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And I don't want a tutorial , I'm honestly ashamed of what I did & wish the thought had never crossed my mind, I'm just asking. I don't understand how the LP could possibly know that the merchandise was under my coat and not in my bag.

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I'm not going to explain it to you. I'm just telling you it can be done. I've done it plenty of times.

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Quoting d18

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Also, there was an 11 year old who was photographed and she stole a low cost item.

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You know this for a fact? How? Again, most retailers don't photograph minors. I know Macy's doesn't.

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Quoting d18

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And I was not arrested by the police & Macy's didn't tell me anything about what was going on , I had to ask what I was signing , how long I wasn't gunna be allowed into the store for , & the fine at the bottom of the paper.

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If you weren't arrested, you shouldn't have a record or court to deal with. Unless Macy's refers it for prosecution later, which is not really SOP with them but local laws/rules may vary and I'm not familiar with NY.

I will tell you this though. There are more than cameras in stores.

You will never know if that person in the bathroom stall next to you is really going to the bathroom....or has been surveillling you and been listening for evidence that you are opening a package and disposing of packaging.

You will never know if the person trying on clothes in the stall next to you is really trying on clothes...or has been surveilling you and is listening for tell tale signs, and waiting to dive into that fitting room the minute you leave to look for the goods or evidence you stole.

You will never know if that person outside the fitting room is waiting for a friend to come out...or is an LP waiting to check for evidence.

You will never know if that guy outside the fitting room is waiting for his girlfriend to come out....or already is suspicious of you, has confirmation you are the only person in the fitting room, and is waiting to check for the item you left there...or the evidence you stole in there.....and has visual contact with a partner through a camera outside the fitting room....

Oh...by the way...some stores do allow surveillance in the fitting room through 2-way glass as long as the LP is same sex as the customer.

I hope this leaves you too scared to shoplift again.

As an adult....trust me, it's not worth the cost of a lawyer, the court costs and fines, the civil demand, and the hard time finding a job.

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Quoting PandorasBox

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You will never know...

You will never know...

You will never know...

You will never know...

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Unless the LP are really bad at their job. ;) I've seen some that stick out like a sore thumb. Don't bother to properly hide their radio or turn it down. Spend too much time staring folks down. Heck, I probably looked really obvious the first couple times I worked an opposite-sex fitting room case. Of course, the bad shoplifters don't normally notice this kind of sticking out.

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Quoting PandorasBox

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Oh...by the way...some stores do allow surveillance in the fitting room through 2-way glass as long as the LP is same sex as the customer.

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Hmmm...I wouldn't wanna own that store. That is a lawsuit waiting to happen. But to each their own.

So technically there's no point in telling the manger my mom was threatened? And I do know for a fact she was 11 & was photographed she was in the cell next to me & i could hear the conversation the LP was having with her & I saw her being photographed & is there any other fines i have to pay beside macy's charging me 5 times the actual amount of the merchandise ?

I can spot LP easily. But I'll take that to the private area.

I would of noticed , I'm not that oblivious. There was never any one following me. And isn't it illegal for someone to be watching me meanwhile i'm changing ?

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Quoting d18

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So technically there's no point in telling the manger my mom was threatened? And I do know for a fact she was 11 & was photographed she was in the cell next to me & i could hear the conversation the LP was having with her & I saw her being photographed & is there any other fines i have to pay beside macy's charging me 5 times the actual amount of the merchandise ?

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I didn't say that. At least report it. If the manager sees a pattern of misconduct, they may act. If the 11 year old was photographed, I doubt is was entered into the system. Macy's doesn't work that way. They may have deleted it later if they got in a rush and just forgot to skip her. You shouldn't have any other fines to worry about.

- - - Updated - - -

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Quoting d18

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I would of noticed , I'm not that oblivious. There was never any one following me. And isn't it illegal for someone to be watching me meanwhile i'm changing ?

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No, you would not necessarily have been able to pick them out. Some are very,very good at their job. They weren't actually watching you change.

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Quoting d18

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...but once she payed a part of the fine, she told her it wasn't possible for me to go to jail, since i'm only 16....

- And she also told my mom , my record would be cleared once I turn 18 , True or False ?

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At age sixteen, New York classifies you as an adult for purposes of criminal law. So get over any notion you have that you can get away with stealing for the next year or two.

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Quoting New York Juvenile Court Age

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The New York State Family Court Act, Section 301.2, defines a “Juvenile Delinquent” as a “Person over seven and less than sixteen years of age.” As such, all persons sixteen years of age and older in the New York State criminal justice system are charged as adults and remanded to the NYC Department of Correction and not the NYC Department of Juvenile Justice.

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What's macys was this? And you stole how many items from the fitting room?

Some LP can be very very good at blending in as a regular customer.

You also do not know what the cameras are seeing.

To give you an example: Casey Anthony was on trial a couple of years ago for the death of her daughter. This surveillance tape was entered into evidence. You can clearly see what Casey was purchasing. You can clearly see her. http://www.youtube.com/watch?v=EGxKL8xM1YI

When you are walking around the store - you may be under surveillance.

Any store that has surveillance in the fitting room itself - it has to be posted on visible signs. And by only same-sex personnel.

Otherwise...you can count on this...Anywhere in the department.....there can be cameras. you grab 5 items from the racks. LP expects you to come out with 5 garments, and either purchase them, or place your non-purchases on the racks. And yes, the cameras are so good that they can tell if you only bring out 4 items.

See that mannequin - the eyes can be cameras.

In New York it is legal as long as there is appropriate signage. It is also legal in other states, under very controlled circumstances. The last I knew there were about 13 or so states that didn't allow it.

http://ypdcrime.com/penal.law/article250.htm

So I'm never gunna get a job am I ? Is there any way I can clear my record ?

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Quoting d18

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So I'm never gunna get a job am I ? Is there any way I can clear my record ?

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If you were not arrested and are not later contact by police regarding this, there is nothing hindering you getting a job. The only exception being if you are asked if you have ever committed a crime like shoplifting, and such questions are not common at all. Most employers, with the exception of gov't jobs requiring a security clearance, are only concerned with convictions.

I will stress this.

Right now...no police, no record.

If police had been called - you would only be qualified to flip burgers at Mc'D's.

If caught at 18...McD's would be one of few employers to take a chance on you. Sorry, honey but I am speaking from experience.