Can I be convicted of petty theft? 15 Answers as of March 12, 2012

When two or more people are together in a store and one shoplifts, the store frequently files charges against all. You likely face felony burglary conspiracy charges.

It depends upon the particular facts of your case, but yes, there are scenarios similar to which you describe where you could be held responsible under Oregon law. Contact a lawyer immediately who can look into the particular facts of your case, apply the applicable law, and negotiate with the District Attorney.

No. If you did not aid your friend in any way including being on the lookout, you definitely should fight this charge. A conviction of petty theft will lead to denial of employment and other opportunities. Hiring an attorney will increase the chances of beating this criminal charge versus if you plead guilty at your arraignment date.

A person can be charged with a crime they did not commit and be found guilty. This happens more than you may think. Based on what you said your friend was seen on a camera or by undercover security. You may have been charged as an accomplice if the store thinks that you were involved in the theft. They may think by your actions inside the store that you were acting as a look out or as a diversion. If you are charged with shoplifting with your friend you both need attorneys. And both of you must not talk to anyone about the incident without permission of your attorney.

You can be convicted of a crime even if you do not do the act itself (like actually taking the property stolen) of you aid and abet the principal (the person who does it). This involves you having knowledge of what was to occur and that you assisted, encouraged or otherwise helped the perpetrator with the intent that the crime be committed.

You certainly can, especially if you don't have a lawyer. Hopefully you didn't sign anything. Consult a defense attorney before you talk to the wrong people and start incriminating yourself.

All of these cases depend on the facts. Was there surveillance video? We're you arrested? That is, we're the police called and did they issue you a citation? There are many other questions to ask, but the short answer is that you could, possibly, be convicted if the jury believed that you were in on the theft by your friend. By the way, you might be sent a "civil demand" letter from the store, demanding that you pay them a certain amount of money. Throw it away and don't pay it. You are not obligated to pay them anything.

Based on what you've said, it seems unlikely that you will be prosecuted. The DA's office reviews all police reports to decide whether to issue a case - it is possible that the officers who stopped you will not even request prosecution. If charges are brought, however, you simply plead not guilty and fight the case. Sounds like you would win.

Probably not. If you are charged, the prosecution will have to prove each and every element of the crime beyond a reasonable doubt. That means they'll have to prove you took something without paying for it and they'll have to prove that you intended to take it without paying for it. (i.e. it wasn't an oversight or a mistake.) Based on the details you gave, it doesn't seem like they can prove either of those things. What happened when you were stopped? Did they search your bag, find something and accuse you of not paying for it? Do you still have the receipt proving you did pay for the items you bought? If you do, you're probably in good shape. Chances are the guy who stopped you wasn't a cop, he was store security. Commercial establishments are permitted to briefly detain customers if they reasonably suspect they have stolen something. But, a lot of store security guys often bend the rules and detain people they don't suspect of stealing to try to pressure them into ratting out a friend who they think did , but who got away before they could stop him. If you fear you will be arrested you should consult an attorney. If you've already been arrested, you should definitely consult one. If you think the store went over the line in detaining you, you might be able to file a civil suit depending on the circumstances. You should definitely consult an attorney who specializes in that area if you want to pursue this option.

Remember that our system isn't perfect. Hundreds of people have been freed from prison after being wrongfully convicted of murder since 1994 alone. If they can be convicted of murder you could be convicted of petty theft. Now should you be convicted? The answer is no. the fact that you knew that your friend stealing does not make you criminally liable. You would be liable if you intended to help in any way.