My question involves criminal law for the state of: Virginia
My 13-year-old was detained in a local WalMart for "shoplifting". The county police were called and questioned and searched my child, however, no merchandise was found on the person. I am told "paperwork" will be filed with Juvenile Services and a warrant for an arrest will be issued and the case will go to court. I am told store video tape shows boxed merchandise, valued at $69.92, was removed from a shelf, taken into the bathroom and left there missing one piece of the three components of the merchandise. During questioning with store personnel, for which I was present, the boxed merchandise was described by store personnel as being "repackaged", it had clearly been opened and resealed with shipping tape. I was held in the room with both my children and asked to "step outside" the room to allow the officer to question the child.
Although my child claims to be innocent of shoplifting and opening the package can you tell me if the warrant can be issued, a case opened and a court hearing scheduled for any crime if no merchandise was found on my child? I am told the tape will be closely viewed and if the child removed the merchandise and left it in the store it will be considered "concealment" and can be prosecuted as such in court.


