Adult Caught Shoplifting With a Minor Sibling

My question involves criminal law for the state of: PA

Hello, a few hours ago my sister in law and I were stopped for retail theft. I am 24 and she's 16. I didn't actually steal anything but I did throw some stuff in the cart, she bagged it all in her purse and when we were stopped at the exit and taken into the back room I took the blame for everything thinking they'd just cite me and let her leave with me. They said they didn't actually catch me on camera stealing anything but because I was with her and threw some stuff on the cart that id be charged as well. I signed a paper saying im not allowed in any wal mart or same club in the world and was not arrested, and the cops weren't called. we were told it was a summary offense and when I looked that up it said the cost must've been under $150. They didn't tell us how much it actually was. I did some research and found I would have to respond to the citation, get fingerprinted and go to court. I left a message for a da but what are my chances of jail time?? I've never stolen anything in my life so this is a first offense. Help??

well I have no idea where in the world you are but it must be a strange place if they have a state named: summary offense



so, what state is this in?

then, who wrote the citation if the cops weren't contacted? or was there a citation issued? or are you just speculating one is going to be issued?

Im located In PA, sorry. No the lp said the citation would be sent in the mail.

from what I see there is no possibility of jail with a summary offense. I do not know what level of summary offense but fines vary from $25 to $1500 depending on the level of offense.

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I've never stolen anything in my life so this is a first offense. Help??

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I suggest you make it your last, unless you like the possibility of spending time in jail or prison.

My question is aren't cops normally called after someone is detained?? If so they why weren't they? I know wal mart is notorious for pressing charges on anyone who commits theft, but is it possible because it was a small amount and I cooperated that they chose not to call the cops and it might get thrown out or just handled with a fine through wal mart?? All of the cases I've read the cops have always been called and the citation was given right there.

I have no idea why walmart would do what they did.

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Quoting jk

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from what I see there is no possibility of jail with a summary offense. I do not know what level of summary offense but fines vary from $25 to $1500 depending on the level of offense.

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Actually, you CAN get 30 days on a summary offense, but it would be highly unlikely.


No, the cops do NOT need to be immediately called. Shoplifting is not something that requires an immediate response. The cops can't really contribute anything to the prosectution, that will come from the store personnel that witnessed the crime.

You can expect to not only getting the charging documents (either the summary offense ticket or a notice of the preliminary hearing/preliminary arraignment if they chose to prosecute as a misdemeanor). You'll also likely get an order telling you to show up at the local police station for fingerprinting and mug shots.

This is the way things work in Pennsylvania.

Since store LP is the witness and the one's alleging the complaint, the police tend to just be the middle men. In some larger, busier places, things are handled in exactly this way; LP writes the report, forwards it to the prosecutor, and a summons arrives in the mail. The police have nothing to do with it.

That is how juveniles are handled in my area. Adults still get the ride to jail, but there's nothing in the law making that mandatory.

I went back and talked to the LP today and he said I'm considered an accomplice because I never stole anything and I wasn't near her when anything was stolen. I was considering pleading not guilty and fighting it considering I didn't steal anything nor did I know she was stealing. I only put my normal makeup buys in the cart and she did too when she said she didn't bring her money I told her to put it on the shelf in the craft area where we were. I assumed she did so. When we got stopped I was shocked and confused. The LP who thinks he's an actual cop threatened to have me arrested in front of my two year old son if I didn't sign his paper and said if I tried to fight it he would add the charge of corruption of a minor which he can't do because he's not a cop and because I didn't steal. He also threatened to get me with identity theft because he didn't believe it was me on my license as well as told me he was going to run my name. Again I found out today from my sister who is a corporal that he isn't legally allowed to do that. Do I fight it? Or do I just pay the fine and try to do adf so it doesn't go on my record?? Adf is $300 just go enter. On top of court fees.

You are lucky they considered you the accomplice and not the trainer. You might be facing more charges for contributing to the delinquency of a minor. I bet her mom is proud.

I highly doubt that. She's going to juvenile court and ill be at the magistrate, two different dates and reasons. He didn't file me as an accomplice he filed me for retail theft, which is a lie regardless. But its two different papers and two different courts. So her involvement has nothing to do with me is what I was told by a cop.

you should expect a referral be made to CPS over this, and you may be required to leave the household if you are currently residing with the minor.

Guess what....an accomplice in Pennsylvania is treated the same way as the person directly committing the crime. In fact, it is not a defense that the other person did not get convicted or even prosecuted for the offense. Frankly, it sounds like you were an active participant in the crime. You don't have to actually the the one holding the goods. You gave her the merchandise with the intent that you conceal it, you are 100% GUILTY of the offense.

All your drama with the LP means nothing. The LP is not the one that is prosecuting. The state is. The LP could have beat you to a bloody pulp and you could still be tried and found guilty for your theft.

You're lucky you're only charged with the summary offense. Pay the fine. You're not going to beat it in court with anything you've said.