Legal Question in Civil Rights Law in California

A friend of mine was caught shoplifting at wal-mart.The way they were treated was way out of line in my book.After I share this...My question is...What was legal and NOT legal with what went down?Should they talk with a lawyer? A woman came out of no where screaming very loudly inches from my friends face...I want what you took that is mine.If you do not give it to me..I am going to call the cops.The wal-mart person...said this 3 times in a row.They were not quiet...it was abusive in nature.She took her basket to the back with her mom...who was also with her and took a few things.They were put into a small room...with a sign on the wall that cameras are in use.They were then questioned and then told...I do not know what will happen to you.They were never told if the cameras were in use OR if they were being recorded...EVER!The woman who led them to the room...could not work the computer...and had people come in to show her...But she had no problem treating my friends like crap and looking down her nose at them.All the time...never letting them know if the cops were coming or not...gossiping and talking with the other woman in the room who did nothing but stare at my friends.And talking on her cell phone!!! They let my friends mom go...and did not charge her or even give her a criminal tresspas.Now...my other friend was held by them for an hour...while the woman made 2 calls on her cell phone.While she had a phone on her desk.My friend was berated by this woman...and made to feel like crap.All the while her and the other woman were talking on there cell phones and acting like it was catch up time at the spa!!! After an hour she told my friend...well I called the cops and they have not come...and I can only hold you for an hour...so you can go.She then made her look into the camera...and then let her go.My friends never got to see any paperwork she wrote up on them...and the only thing they were tolds is they would receive something in the mail and have to pay a fine...$50.00-$1000.00...If they did not pay they would be arrested and go to jail.Both of my friends...have never broken the law and have no criminal record.In fact...they were both told they did NOT have a criminal tresspass and could still shop at wal-mart!In fact...neither of them were arrested!!! Shoplifting is wrong...but...treating people without respect and compassion is wrong too!!!! Please get back to me...I want to make sure my friends do not have anything legal they can do as this was not right...they did not deserve to be treated like crap!!!!!


Asked on 4/19/11, 3:03 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Your friend is a thief and I would not necessarily believe her account of what happened to her, because thieves lie. So she was detained and screamed at. Boo hoo. She will have to pay the bill when it comes, and she will be on the retail theft database forever and probably unable to ever get a job in retail, government or banking or anything involving someone having to trust her. Hope she didn't answer any questions or sign a confession. Glad this isn't you!

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Answered on 4/19/11, 3:14 pm


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