False Accusation of shoplifting, what are my rights? Please help, thank you.?
Question:
Just recently, I was detained at the Montclair, CA JC Penny shopping plaza for being accused of shoplifting. I was with a friend at the time and we both were trying on clothes because I had an upcoming job interview. I hated the feeling of my purse being weighed down, so I put my wallet in the car and put my money in her purse.
Being roommates and closer than most friends, we both always go into the larger fitting room stall together. We always take opposite sides and are careful not to look at each other because we are both sensitive about the way our bodies look.
I personally am too afraid and smart for shoplifting and I thought she would be the same considering she was on probation for a previous conviction that I knew little of.
We both tried on a significant amount of clothes, some of mine scattered and some of mine hung but all there nevertheless. Hers were scattered everywhere but I didn't pay too much attention as I was in my own world talking to my boyfriend and talking to her about my boyfriend (new relationship, girl talk). It didn’t cross my mind that she was shoplifting, when you’re with a friend you just don’t think of those things, especially in a situation like hers when you‘re on probation so I felt safe.
The whole time, the ringer on the door was going off like crazy which I assume was the loss prevention agent surveying our actions. After we left the fitting room (we did take about 20 minutes though, girls desperately try hard to make a shirt work), I saw more clothes that looked interesting so we split up somehow and I picked up 5 pieces of clothing. Somehow I found my friend by some racks near the cash register and we both proceeded to the fitting room, she too had picked out more articles.
We went back inside to the fitting room, chose a different stall because the one we went into previously still wasn't cleaned and tried on the clothing again on opposite sides. I again, didn't like anything and carelessly threw the clothing on the bench because it was already a mess. I had no intention of shoplifting and was thinking of going to Macy's next and Nordstrom because the selection was more stylish and suited for my tastes. I still had no idea that she was concealing the items she wanted on her body. She has a pudgy frame and always wore a shaper to conceal her jiggly bits so I never looked twice at her to be honest.
We both were about to exit the store when I stopped at the men's section to browse for my boyfriend. I spotted a guy following us and I got a weird feeling but didn't think or say anything of it. He looked creepy so I thought maybe he was just an admirer. There are always weird people over there at that plaza. I saw nothing that I wanted for my boyfriend as well and I walked out towards the entrance with my friend following me. I felt a breeze rush past me and a guy came up to us stating loss prevention and flashed a badge at us and said, “You need to come with me to the back”. Saying nothing because I was shocked and embarrassed, I followed behind my friend who was being held and pushed by a woman. They led us to a back room that had a table and sat us across from them on a bench. The door that led to the store was open and so was the door to another room that had the surveillance cameras.
There were a total of 5 people in there, all loss prevention I’d assume with two trainees (they looked significantly younger and inexperienced compared to the other LP) who were in charge of the camera editing.
The lady who had originally led my friend from the beginning, patted us down and felt articles of clothing concealed on my friend. Then she patted me and found nothing. Next they searched our bags WITHOUT permission, saying put your bags on the table and shouted at us to keep our hands to ourselves. They searched my friends bag first and found articles of clothing and a kitchen knife concealed in a bag (which pricked the woman). Then they searched mine and found NOTHING. They began to heckle and harass us, calling us stupid girls and saying that we were in a lot of trouble etc. I was tuning them out and was mortified by the whole situation, I told them that I should be free to go because I had not shoplifted. They yelled at me to shut up and said that I was as guilty as her and barked at my friend asking which one of the clothing was mine. I said none of course and they once again yelled at me to shut up. I said nothing , my friend also said nothing because she was crying.
They beg
They began the process, the guy on the computer (who had flashed the badge) and the woman (who had gotten my friend) began getting out forms and took our information. The standard questions of Name, Address, Birthdate etc. The other two trainees were standing around being rude and making rude comments, saying we were stupid and I replied saying no that I was not, which she replied in turn saying I was the stupidest of them all and a waste of space.
The woman asked us to fill our a statement of the incident (which I believe she never read us any rights), in which I replied I would not do so with out an attorney present, my friend (we are no longer friends) followed suit. The woman laughed and said, oh your attorney get your attorney we have one too, we'll make your life difficult. She gave us another form stating that JC Penny's lawyers will be contacting us with a fine, she gave the form to my friend first and she signed and then she gave it to me which I refused because I was not
not guilty. She looked at me like I was something disgusting and replied, whether or not you sign it we're coming after you. I was holding on to my copy (which at the top would have the total dollar amount once it was calculated), when she snatched it from my hands saying I didn't deserve a copy because I didn't sign it, so what would I need it for. I decided to be calm and collected about the whole thing because I wanted to get out of there fast and not make more trouble.
The guy was writing the incident on the computer, and I asked him if he could kindly put in that I had no articles of clothing concealed on my body and purse and if I would receive a copy of that report. It was my first time being in this type of situation, so it's natural to question my rights.which they seemed to think I had none of. He told me sarcastically he couldn't talk to me without his attorney present and that it was "none of my fucking business" what he put in there.
He then proceeded to tell us we were lucky we didn't fight back because he'd have to throw us down into the ground (in a threatening tone) and briefly relayed past situations.
The woman began to count the clothing and matched up prices, I guess my friend had concealed the sensors in a jacket hood that she had left in the fitting room (she had tore a hole into it with a knife). She went with the other woman (the trainee) into the separate room and made my friend strip her clothing off and take the garments from underneath her shaper. She got gloves, started making comments about how she was dirty and probably had diseases and how the clothes would not be able to be salvaged. There was another LP agent there, apparently he was monitoring my friend on the surveillance camera NOT ME, he clearly said that he was only monitoring her when we split up. He asked me how many pieces I took in and I said 5, you can look in there and it'll still be there, it was confirmed that I had not taken a
anything. Around this time the police officer showed up and took information. There was no record on me and for some reason my friend's probation didn't show up. He didn't care to speak to me or answer my questions but was not rude, just down to business.
The amount thankfully added up to under $400 so I was given a ticket from the Montclair Police Department (notice to appear) with the charges of 484(a)/490.5(a) Petty Theft. The charges were completely identical to my friends, so I wasn't charged as an accomplice or even let free. I was then taken to the police station with my friend in handcuffs (about a mile away and it was dark now, we were there for three hours) and we had our photos taken and were fingerprinted. From there he let us go and we had to walk in the dark back to our car.
What are my rights if I'm not guilty? I know I was in the room with her, but I did not act as an accomplice, I did not conceal any items on my body or my purse and did not harm anyone. I was not distracting any attendees and was not monitored at all times as my friend had (all the articles of clothing I tried on were in the room even). First of all these are the wrong charges, what should be my charge if I DO receive one? I'm so upset by this ordeal, I had to tell my boyfriend and my family (because I had to move out, no longer living with her), it's ruining a lot of relationships because of the stress its causing. I have an arraignment due soon so I'm worried because I have never been in this type of situation before. I even received a $380 fine from the JC Penny Corp. lawyers in NY! Thank you.
20 year old female, California
1. She's not on probation for shoplifting, but thank you for your input.
2. Mike: Thank you for your input.
3. Jessica: Thank you!
4. Juelann: If the amount would have added to over $400, I believe it would have been considered grand theft resulting in a felony? I'm not quite sure, which is why I'm thankful.
My grammar must be off and confusing, but I wasn't thankful because I got a petty theft charge...I was stuck with it! They told me from the get go that I would have the same charges as her which is odd because I didn't have anything concealed on me. I believe they did note this on their incident report, I'm anxiously waiting for my court date so I can see if I could get my hands on it. I tried calling the police department there but they won't release it to me yet :(
Thank you for your input, I sincerely appreciate it!
5. Rebecah: Thank you so much, we are not on speaking terms but I'm hoping for the best.
AND LASTLY,
THANK YOU FOR TAKING THE TIME TO READ THIS AS I'M DOING WHAT I CAN WITH WHAT RESOURCES I CAN AFFORD.
I ONLY PUT SO MUCH INFORMATION SO THAT YOU COULD UNDERSTAND MY SITUATION.
Answer:
You said that you were given a ticket.--but here's what caught my eye, and I quote "the amount, thankfully, added up to under $400"..SO, that begs the question--- now, why would you say "thankfully", if you didn't take anything at all? I mean, I certainly wouldn't be thankful for a ticket that added up to anything--, let alone being taken to the police station, fingerprinted and have a court set for trial if I did squat to deserve that treatment.
IF you didn't steal, nor had any stolen property on you, then having you processed without just cause, is something I'd take to a lawyer, seeking to sue both JC Penny for false arrest, but more especially, the police department. The ONLY thing they ought to have charged you, which may hold up in court, is that you were an accessory during the commission of an offence. You indicate they didn't do that, but charged you with petty theft. --for which you were thankful-- most odd indeed!
If you're convicted, this will follow you for the rest of your life; I'd say find a lawyer a.s.a.p., and get this thing straightened out.
Oh, and I can't believe that you hadn't the faintest idea that your friend was up to no good, considering her past. I mean, she was on probation and most shoplifters do it for the rush of getting away with it, not because they need it. That she had the kitchen knife with her, indicates clear intent. You might want to look at suing her for putting you in the distressing situation, I would.
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