Minor's Rights When Accused of Shoplifting

Our 15 year old daughter (will be 16 in less than a week) was accused of stealing a pair of tights from a Michigan mall store this evening. They were partially in her shopping bag along with some other items from other stores that she had receipts for, but she did have a very believable scenario for that and actually did attempt to purchase them (the clerk was on a personal phone call with her back to the register) before becoming distracted and went looking for her friends who she thought were right behind her. The clerk came running up to our daughter as she was standing by the exit and demanded the tights back and told her friends to leave as our daughter would be "detained" until her parents were notified. Our daughter was shocked and apologized and offered to pay for them immediately, the offer was refused and when she continued to maintain her innocence, the store employees implied that she was making everything more difficult and she should just confess so they could all go home (it was near closing time)and when she began to cry they told her to shut up. Mall security went through her purse and removed a pair of earrings given to her as a birthday present by a friend earlier in the day and an unopened energy drink bottle (not carried in their store) and attempted to take away her PRESCRIPTION sunglasses. Can they legally do that without a parent present???:eek: We and the police were notified but when my husband arrived, neither the police officer nor the store would give him a copy of any report or receipt for the items they took from her purse, only a paper stating our daughter was banned from the mall for a period of one year and that the courts would be in touch. Our daughter is no perfect angel, but she's pretty honest and would accept the blame if it was justified & if she had done it, she would not attempt to walk out of the store with the tights trailing on the ground behind her...

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Quoting 19mom62

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Our 15 year old daughter (will be 16 in less than a week) was accused of stealing a pair of tights from a Michigan mall store this evening.Her age is unimportant unless under 12 even maybe not They were partially in her shopping bag along with some other items from other stores that she had receipts for,This is concealment intentional or not an din many states Michigan being one I believe concealment itself is a crime. but she did have a very believable scenario for that and actually did attempt to purchase them (the clerk was on a personal phone call with her back to the register) before becoming distracted and went looking for her friends who she thought were right behind her.That is not attempting to purchase! she may been but was there not another registert she could go to? The clerk came running up to our daughter as she was standing by the exit and demanded the tights back and told her friends to leave as our daughter would be "detained" until her parents were notified.Remeber concealment is a crime and she was near exit and past point of sale. Our daughter was shocked and apologized and offered to pay for them immediately, the offer was refused Most all shoplifters when caught ask to pay for items its almost always denied. If accepted there could be civil issues store could face over detainmentand when she continued to maintain her innocence, the store employees implied that she was making everything more difficult and she should just confess so they could all go home (it was near closing time)and when she began to cry they told her to shut up.Normal and the shut up is a quote or her view we dont know Mall security went through her purse and removed a pair of earrings given to her as a birthday present by a friend earlier in the day and an unopened energy drink bottle (not carried in their store) and attempted to take away her PRESCRIPTION sunglasses. Can they legally do that without a parent present???:eek:Yes We and the police were notified but when my husband arrived, neither the police officer nor the store would give him a copy of any report or receipt for the items they took from her purse, only a paper stating our daughter was banned from the mall for a period of one year and that the courts would be in touch.All within norm Our daughter is no perfect angel, but she's pretty honest and would accept the blame if it was justified & if she had done it, she would not attempt to walk out of the store with the tights trailing on the ground behind her...

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Many try very same tactic now I am not say your child is guilty or shes lieing to you. You must accept possiblity she did try to steal item but regardless you need to consult with a criminal defense Attorney for your child right away. BTW was Civil Demand mentioned. The store can charges you civilly (outside of court fines etc) between $50.00 - $1000.00 depending on state since she is minor it will be up to you to pay this. If you donot you can be sued for even more.

If the friend bought the earrings at another store, your daughter can try to establish first that the store accusing her of stealing doesn't carry that particular product, and second that her friend in fact purchased them by demonstrating that the other store carries the earrings and producing the receipt.

Malls are frequently troubled by small groups of teens who float from store to store, stealing small items. They probably believe that your daughter and her friends fall into that category.