Caught Shoplifting at Macy's

[d18]

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.

[free9man]

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

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

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,

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.

- 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?

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.

- 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?

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.

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

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.

- Do I have to go to court ?

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.

[d18]

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.

[free9man]

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

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.

And what would I tell the manager ?

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.

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.

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.

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

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

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.

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.

[PandorasBox]

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.

[free9man]

You will never know...

You will never know...

You will never know...

You will never know...

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.

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.

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

[d18]

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 ?

[PandorasBox]

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

[d18]

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 ?

[free9man]

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 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 - - -

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 ?

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.