Shoplifting, Larceny, Robbery, Theft Guilty by association

[Meamoore27]

Jurisdiction

Arizona

I was in kohls with a friend and he stole something but I did not steal anything. While walking out I kept telling him not to but he still kept going. When we got out someone grabbed him and he ran. No one grabbed me or came for me and I assumed it was cause I didn't steal anything. I got calls from kohls a day after and I didn't answer only cause I didn't know who it was. They called again and I answered and the said they would be sending me mail and that I'd have to attend court. I asked why I would be getting in trouble and he said he wasn't going to argue with me and he's not going to discuss anything over the phone. I'm a minor. He tried to ask for my address. I'm thinking he was trying to scare me into telling him where I live. I hung up because I don't know my rights or if I should be talking to him because I'm a minor. I need help I don't know what to do. Can I get in trouble? I've heard of guilt by association.

 

[adjusterjack]

It's called being an accessory to a crime.

You're a minor.

Tell your parents you are under investigation for shoplifting at Kohl's. It's serious.

They should then be talking to a lawyer before you talk to anybody else.

 

[mightymoose]

Your involvement is in a gray area. Assuming you had no knowledge of his intentions prior to the theft and you did nothing to assist you are probably in the clear.
There won't be any court action. He was trying to scare you into complying.
I agree you should inform your parents what your friend did and that you received a phone call from the store. That would be the end of it for you.
If your parents receive any letters demanding payment they can consult an attorney about how to proceed.
Odds are that if you stop answering the phone, stay out of the store, and nobody acknowledges any letters received, nothing will ever happen.

 

[hrforme]

how exactly did they get your phone number? did your friend get caught and give up your information? That's not much of a "friend"

 

[shrinkmaster]

I am a Retail Theft consultant and answer questions like yours daily. Your post here is a confession ( never name stores on public forums) and you clearly state you had knowledge of his actions. You already have two strikes against you. Tell your parents and consult a lawyer. Do NOT answer any Store or Police questions without an Attorney present.

 

[army judge]

I was in kohls with a friend and he stole something but I did not steal anything. While walking out I kept telling him not to but he still kept going. When we got out someone grabbed him and he ran. No one grabbed me or came for me and I assumed it was cause I didn't steal anything. I got calls from kohls a day after and I didn't answer only cause I didn't know who it was. They called again and I answered and the said they would be sending me mail and that I'd have to attend court. I asked why I would be getting in trouble and he said he wasn't going to argue with me and he's not going to discuss anything over the phone. I'm a minor. He tried to ask for my address. I'm thinking he was trying to scare me into telling him where I live. I hung up because I don't know my rights or if I should be talking to him because I'm a minor. I need help I don't know what to do. Can I get in trouble? I've heard of guilt by association.

If the call was from a department store security guard, there is investigation.
The police investigate.
The district or city attorney prosecutes.
You're a minor, so you should say if the cops want to talk to you, "I'm a minor. I have the RIGHT to have my parents present if you question me. In the meantime, I'm going to invoke my right to remain silent. Will you be calling my parents, or shal I do it?"

Then, no matter what, don't say another word about the ALLEGED THEFT, to which you had no involvement.

Even if this went to court, which it won't, it would only be juvie court, not adult court.

Block the number, don't say another word about this NON event.

 

[mightymoose]

The OP did not give enough information to determine if he engaged in the theft or was an accessory/conspirator.
Having knowledge of the theft does not necessarily incriminate him.

 

[shrinkmaster]

In many of the cases i have seen if the subject knew of the theft and remained and did NOTHING to stop it they have been charged and successfully prosecuted. Not to say this is 100% certain

 

[mightymoose]

It would really depend at what point he had knowledge.
There is no legal obligation that I am aware of to report the theft. It's more of a moral issue.
Most people who claim innocence likely sink their own ship when they try to explain.

 

[army judge]

There is no legal obligation that I am aware of to report the theft

That is the germane legal issue.

No one can prove what someone knew, and when someone knew it.

The burden remains that of the state to prove, but in juvenile cases, this is a nothing burger.

 

[shrinkmaster]

Here is where he sinks himself

"I was in kohls with a friend and he stole something but I did not steal anything. While walking out I kept telling him not to but he still kept going."

 

[mightymoose]

That is not a confession of anything other than an attempt to get his friend to not steal. There is no detail here that implicates the OP in a crime.
If he had knowledge of intent when they entered the store, if he was a lookout, or if he did anything at all to aid in the concealment, then perhaps there is something to work with.
As it is given, the only crime was committed by the friend.
His knowledge of the theft while walking out the door is not a crime.

 

[zddoodah]

I got calls . . . a day after and I didn't answer only cause I didn't know who it was. They called again and I answered

How exactly did "they" get your phone number?

He tried to ask for my address.

What does "tried to ask" mean? Did he ask? If so, why not just say, "He asked for my address"? If he did ask, did you tell him your address?

I need help I don't know what to do.

Do you have parents? Or legal guardians? Talk to them about what has happened.

Can I get in trouble?

Stranger things have happened, and the longer you let this go without talking to your parents, the more likely that will be.

I've heard of guilt by association.

It's not a concept that has any legal meaning.