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  1. #1

    Default Girlfriend Caught Shoplifting-Security Refusing to Return My Sweater

    My question involves criminal law for the state of: Maryland

    Hello, my girlfriend was caught stealing an earing? or a necklace, I'm not quite sure, from a JCPenny's.
    I had no idea that she was going to steal it, and had no knowledge of the theft. When we were leaving the store, we were approached by two people who were apperently JCPenny security (they didn't have uniforms or anything, however). They took her to the side, and the woman took me and told me to run away from the scene, and that I had five seconds to 'get my ass' out of there, or she would arrest me. The whole time I had no idea what was going on, as I didn't know she stole anything, and of course under the threat of arrest I ran.
    I found out my GF had shoplifted, made her fill out papers, she's banned for a year and they took her picture and all that stuff
    However...when they took her stuff they also took my sweater that she had been carrying in her hand, and apparently that's wear she put the necklace. They let her go- but kept my sweater there, saying I had to return for it. I came back, and asked for it, and they guy there was just being completely...difficult. He wasn't letting me speak, threatening to handcuff me at every word I said. I told him I did nothing, and since my GF confessed that she did it all I was basically cleared of any charges. He claimed that he had my on tape stealing stuff, and asked if I wanted to see the tapes.
    I said "Okay, let's see them then." at which he says "Oh so you're getting smart now?"
    And then kicked the door open and told me I had 10 seconds to "get the F out" or he would arrest me. He told me I had to return with a parent.
    I returned later with my uncle, who I am currently living with. He is 24 and I'm only 16. I am a dropout as well, and have no parents. I came with my uncle, and they still refused to return the jacket, saying he was 'too young'. I fail to understand that, he is an adult and I am in his care. They said they need my real parents, which I cannot get a hold of.
    So basically, I'm asking, even though I'm innocent and had no knowledge of the theft, why do they still have my jacket? And furthermore, why do I need to contact my parents and fill out all these papers? It is on tape that I did nothing wrong. They threaten to arrest me if I ever come near the store again without a parent.
    What can I do? Can they do that?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Girlfriend Caught Shoplifting-Security Refusing to Return My Sweater

    They threaten to arrest me if I ever come near the store again without a parent.
    What can I do?
    don't ever go to the store again

    Can they do that?
    yes. It is called trespassing.

    and unless you have a court document saying your uncle is your legal guardian, he is your uncle. They do not have to deal with your uncle.

    btw: the sweater they kept is not your sweater as far as they are concerned, it is your girlfriends sweater because she had possession of it. She needs to get your sweater back from the store.

  3. #3

    Default Re: Girlfriend Caught Shoplifting-Security Refusing to Return My Sweater

    Quote Quoting jk
    View Post
    don't ever go to the store again

    yes. It is called trespassing.

    and unless you have a court document saying your uncle is your legal guardian, he is your uncle. They do not have to deal with your uncle.

    btw: the sweater they kept is not your sweater as far as they are concerned, it is your girlfriends sweater because she had possession of it. She needs to get your sweater back from the store.
    But I did nothing..? There's camera proof.
    And they know its mine, they wouldn't let my girlfriend take it home because they said I needed to get it myself, she tried taking it back for me.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Girlfriend Caught Shoplifting-Security Refusing to Return My Sweater

    have you called the police? It's either that or suing the store.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Girlfriend Caught Shoplifting-Security Refusing to Return My Sweater

    They don't need proof to ban you. It's entirely at their discretion.

  6. #6

    Default Re: Girlfriend Caught Shoplifting-Security Refusing to Return My Sweater

    Quote Quoting jk
    View Post
    have you called the police? It's either that or suing the store.
    I don't want it to go that far, all they need to do is return the jacket. Most of the people are cool but the one guy is just making everything impossible, he's always cussing and kicking things and threatening to arrest me.
    And I have no legal documents for my uncle, I basically just moved into his house with him after being kicked out by my parents. And I do not want to get them involved in this

    Quote Quoting flyingron
    View Post
    They don't need proof to ban you. It's entirely at their discretion.
    Well is there anything I can do to try and...lighten up the situation? The sweater is borrowed and I only have 24h to come with a parents to claim it which is virtually impossible for me. And how is my uncle too young? Isn't over 21 an adult?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Girlfriend Caught Shoplifting-Security Refusing to Return My Sweater

    =Another Demon;463102]I don't want it to go that far, all they need to do is return the jacket. Most of the people are cool but the one guy is just making everything impossible, he's always cussing and kicking things and threatening to arrest me.
    And I have no legal documents for my uncle, I basically just moved into his house with him after being kicked out by my parents. And I do not want to get them involved in this
    and that changes nothing. If you want your sweater, you can either call the police and ask for their help or sue the store.


    Well is there anything I can do to try and...lighten up the situation? The sweater is borrowed and I only have 24h to come with a parents to claim it which is virtually impossible for me. And how is my uncle too young? Isn't over 21 an adult?
    an adult is not your parent and you were told to return with a parent, not your uncle. Your uncle has no legal standing for anything here. any store can ban you if they want and there is nothing you can do about it. They own the store, they get to control it.

    you either comply with the requirements set forth by whomever is controlling this at the store, call the police, or sue.

    and why do you have until the 24th? Apparently this isn't your sweater any more than it is your girlfriends.

  8. #8

    Default Re: Girlfriend Caught Shoplifting-Security Refusing to Return My Sweater

    I have 24 hours
    I would try to comply as I do not want this small issue to escalate into something more, there is absolutely no way of reaching my parents, there is no way I can get a hold of them within 24 hours. My uncle is all I have.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Girlfriend Caught Shoplifting-Security Refusing to Return My Sweater

    my mistake. What supposedly happens if you do not come back with a parent within 24 hours?

    If they intend on calling the police after that, there really isn't anything you can do if they will not speak with your uncle.

  10. #10

    Default Re: Girlfriend Caught Shoplifting-Security Refusing to Return My Sweater

    They said they'd keep it, or throw it away, and I really can't lose it, it was given to me by a friend
    And at the moment it's the only thing I have for this weather
    Not trying to pull the pity card, but being 16 and a dropout doesn't give me too much clothes money

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