Quakertown, PA asked in Criminal Law for Pennsylvania

Q: Will this retail theft charge hold up in court?

My friend was caught stealing at a store. He was caught removing clothing he had stolen in the bathroom, because he had saw the cops arrive. I waited for him and tried something on that I had planned to buy.I was then Apprehended on my way to purchase the pants I tried on. I had absolutely no clothing on my person, and was never on camera concealing anything. They then tried to pin whatever clothes that were on the floor in the fitting room on me. Even though I vigorously denied it. And again, I was never on camera stealing anything, and never left the store with anything. Would this hold up in court?

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2 Lawyer Answers
Ryan L Hyde
Ryan L Hyde
Answered
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: It could. They could be charging you under conspiracy or accomplice liability which would make your actions chargeable depending on what they were. If they found that you were assisting the person then you could be culpable for their actions. I have seen guilty verdicts on this type of case. The defense of a matter such as this is highly fact sensitive. you should consult with a local attorney to work on your defense if you have been charged.

1 user found this answer helpful

Cary B. Hall
Cary B. Hall
Answered
  • Criminal Law Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Sounds pretty dicey, so I'm thinking not -- but that's IF there's no video surveillance showing otherwise, and IF you didn't walk past the registers without paying for merchandise. Hopefully you're still at the preliminary hearing stage where something can either be worked out or dismissed by the MDJ for lack of a prima facie case.

But I agree that you need defense counsel, and now. This isn't something to screw around with, and it sounds like they're trying to stick you with something that they probably shouldn't. I see your asking from Quakertown, and that's Bucks County (where I practice, among other jurisdictions). If you'd like to talk further about your case, contact me offsite. Otherwise, best of luck to you.

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