My wife was arrested for shoplifitng at a retail store but her friend is the one who physically took the item. can she be charged for theft as well?
by 
alex105
ANSWERS: 4
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Yes she can. How do you say it even though if she wasn't in on it she was in the wrong place at the wrong time with the wrong person yes she CAN be charged
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If she had her hands on it,yes. If she knew about it, a yes but no with a good lawyer.
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G'day Alex105, Thank you for your question. Yes she can, providing your wife is alleged to have helped in the attempted theft by distracting the staff for example. Your wife should speak to a lawyer. Regards
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I have to wonder at this, as an ex store security guard (for B Altman's in New York) no one is ever "arrested" for the first offence. The first time a shoplifter is apprehended, they are offered a chance to leave without record if they agree to sign a form stating that they DID participate in a shoplifting act, and they will not enter the store for a given number of months or years. I know that Kmart, Sears, Walmart, Filenes, Macy's and Nieman all have this policy, since you do not say where your wife was arrested, I can not hazzard a guess. Most stores don't want to go to court for this as it takes employee time, and gains nothing but ill will. Now if she was an employee of the store at the time, that is a different story. most retail loss goes out the employee exit, and stores are hard on these folks.
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