My question involves criminal law for the state of: VA
Let me preface by saying my wife has not stolen anything in our years if marriage, she is a law biding citizen, doesn’t have so much as a driving infraction. She's a great wife and mother to our 2yr old son, and currently 10 weeks pregnant.
My wife, son, sister and mother were shopping at a retail store yesterday afternoon. The ladies wanted to browse the makeup isle for some mascara, after a while I got bored so I took my son to the toy isle and said we'll meet up later. Later we head to the cashier and pay for our goods, as we are heading out we are stopped by two Loss Prevention personnel (who look like they could be around 18-19). They alleged my wife had stolen a lipstick and showed us the empty package. My wife denied the charge, said there was an partially open package and inspected it put it back, also she noticed there were empty makeup packages littered throughout the makeup isle, also we had spent around $40.00 from shopping that day and said to LP why would she steal a lipstick when we spent $8 on a mascara and other goods, we can afford some lipstick. LP then said they wanted my wife to accompany them in the back office alone, I did not allow that and asked to call local police, if she was going to be interrogated or searched than better done by an officer. Police arrive and we explain our sides, LP says that they have her on video surveillance taking the lipstick, and then claims she handed something to me before they stopped us which is ridiculous. We then all go to the back office, the video surveillance is shown to the officer, I asked if I can see it and they said no only the officer and court can see it...go figure. The police then asks if he can check our bags and jackets, we comply and nothing Is found. The police then ask to physically search my wife, a female officer proceeds to search her and nothing was found. To clear myself with the claim that she handed me something I ask the officer if he would like to physically search me, he does and nothing is found. I even go so far to ask if he would like to search my sister's purse (mom did not have a purse) and they do and find nothing. The LP and officer head outside to talk for a bit and come back it, he proceeds to write my wife a summons for theft and gave us a date to appear In court. Bewildered I ask if there was no evidence found why my wife was being charged for theft, he said LP feels they the video footage shows theft and want to pursue the charge.
Before heading out LP asks my wife to sign a document, beofre letting her do so I read it and its an admittance of guilt! I said there was no way she was signing this and hand it back. LP look at each other with a smile, I said to the officer they were trying to force us into admission of guilt but they said that’s between you and the retailer and did not offer comments on the matter. The officer did not reveal to me what he saw, I feel like I did not get full support from the officer. This is one GIANT misunderstanding. How can the retailer give a charge without us viewing the footage?? My wife was was harassed by LP, embarrassed by other patrons, and was distraught and feeling a dull pain in her stomach the entire time with child. What are our options at this point? Should we have been able to see the video since it is a serious charge??
Thank you for your help and support.

