In The Company Of Shoplifters At WalMart

My 17 year old son has been charged with shoplifting in a Wal-Mart in the state of Texas. However, he did not steal anything. The two acquaintances (also under age) who requested a ride from him were caught with beer in their pockets when they were exiting the store. My son admits to me that he saw them pocket the beer and told them something, however he did not report the theft to store security.

Morally, he knows he should have reported the incident. He has never stolen anything before and probably never would. His punk image doesn't help him, as teachers and other community members stare and make assumptions about his character until they get to know him. I do not understand how he can carry the same legal burden as the other teens, and my son is not in contact with them any more after this incident. It sounds like we either have to plead guilty and pay a fine/serve community service or pay even more for an attorney. This doesn't seem fair. If the state of Texas wants to prosecute this case, can I request an attorney at their expense? Do other shoppers in a store have a legal responsibility to report shoplifters? Are they as guilty as those caught with the items?
Can a powerful conglomerate like WalMart press charges against anybody they choose at the individual's expense?
:wallbang:

First, your son could be charged as an accessory to the crime. Just because he didn't have beer in his pocket doesn't mean he didn't know why they were going into the store and what they were doing.

I am not saying that happened... I am telling you why he was arrested. Whether or not he did it is up to a court to decide.

Second, you have the right to an attorney.

While other shoppers have a moral obligation to turn in other shoplifters, they are hardly in collusion with them. You son, however, walked in with the shoplifters, went through the store with the shoplifters, watched them steal, talked to them about the theft, and then started walking to his car with the shoplifters. That is a bit different.

Wal Mart does not have any more authority than anyone else when it comes to criminal charges. Walmart does not arrest... they merely call the police.

I have never seen a case where the nonpaticpating person skating on offense. If he wantyed not part (as lookout or whatever) the action to take was walk away. He choose to stay with the lifters and eave with them with full knowledge of incident. Hes toast. Find him a Lawyer and see if his charge can be reduced to infraction due to his not actually stealing.

I'm confused about what "skating an offense" means. Do you mean that it is unusual that he's being charged? Or that we're being offensive in the matter?

I can't imagine that the two teens had any more than $5-10 dollars worth of beer on their persons. I realize that theft is theft, but I've been reading many posts where people are provided the option of civil demand (for much greater thefts). Why hasn't my son been offered any quick resolution in this situation? Is Texas tougher than other states? I really feel that he's getting the shaft. The police won't even let us see the police report.

The option not to press charges comes from Retailer. Some retailers have a 100% prosecution policy thi smay be one. He was there , he saw, he knew, he made no attempt to stop them nor did he may any attempt to leave. He is just as guilty. Talk to an Attorney in his case he might be able to get this plead down to an infraction because he did not play an "active" role. By the way Civil Demand is coming its not one or other in your state.