Legal Question in Criminal Law in California

Re: shoplifting

If I were you I would not go shopping with this person. You could theoretically be charged with being an accessory or a co-conspirator to the crime of larceny or burglary. Although it probably goes without saying, also don't return anything to the store for her.

Re: shoplifting

There is no legal reason why she can't be prosecuted. Police in California cannot arrest someone for a misdemeanor unless they saw it happen, but people are often prosecuted without having been arrested. If the value of what she took was more than $400 she could be charged with a felony instead of a misdemeanor, and if that happens she could be arrested.

If the store can identify her from the tape and can prove that she left the store without paying for the items she took, then your friend can still be prosecuted. The store would probably have to have multiple surveillance cameras in order to eliminate the possibility that she put the items down before leaving, but some stores might have such thorough systems. I can't say what the odds are that she will be prosecuted, but if it hasn't happened aleady my guess is that it won't.

If the facts you have given are true then you are not guilty of any crime. Mere presence when someone else commits a crime is not criminal, and neither is a failure to report it. However, had your friend been caught it could have appeared that you were acting as an accessory and you could have been prosecuted. In fact this can still happen, though the odds against it are even higher than the odds against your friend being prosecuted.

As Mr. Stone has suggested, you should avoid shopping with this friend in order to prevent such a misunderstanding.