Detained and accused of " knowledge of a shoplifting "

Asked over 1 year ago - Lubbock, TX

I was detained for over an hour and a half at a grocery store because someone walking next to me whom i was acquainted with stole some steaks . I paid for my produce and never touched his , I was grabbed by the store employee after breaking no laws and detained in a room till the police came and let me go . I was told that if i returned to the or any associated properties i would be immediately arrested for CT .

Attorney answers (3)

  1. Macy Michelle Jaggers


    Contributor Level 20


    Lawyers agree

    Answered . Well that's frustrating. They must have thought you were part of the criminal enterprise. Luckily the police seemed to have sorted out that you probably weren't involved. They likely issued the stay away to humor the loss prevention officers of the store. All and all, it could be worse.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Richard Timothy Jones

    Contributor Level 17


    Lawyers agree

    Answered . It's never good to be falsely accused of theft or any other crime. That criminal trespass warning is valid and if you go back you could get arrested.
    Austin Jail Release and Bond Assistance
    Austin Probation Lawyer
    Criminal Trespass

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  3. M Elizabeth Foley

    Contributor Level 18


    Lawyers agree

    Answered . You don't actually state a question, so I'm not quite sure what information it is you're seeking. From the facts you've described, it sounds like the police were ultimately not convinced that you actually participated in the theft. You won't have an entry on your criminal history for theft if you weren't arrested or cited.

    What you probably will have on your "record" is an incident report that the PD only will have access to. Anytime your name comes up in the future, just so they'll know what your history is. They may take the incident into consideration in future contacts with you, but that's as far as it should go. I realize that may sound a little scary, but that's something police do on a regular basis. To put it in context, that's exactly how they handle your crazy neighbor down the street who called them eight times last year to report barking dogs, people with loud cars, someone who walked by her house twice in one week, and then called to say her next door neighbor was running a crack house. Guess how they seriously they treat that last report? So basically, if you're accused of stealing again, they may not give you the benefit of the doubt in a close call situation, but otherwise this probably won't have any impact on you.

    As far as the criminal trespass warning goes, there's probably not a thing you can do about that. Stores are private property, and just like you could tell me you didn't want me in your house "just because", a store can make that call even if they don't have evidence a crime was actually committed.

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