Legal Question in Criminal Law in Louisiana

Being wrongfully accused of shoplifting

My two daughters were wrongfully accused of shoplifing by a dept store in a mall. As they were leaving the dept store and entering into the mall area, they were approached from behind by the dept store LP, who accused them of shoplifting. My daughters were then retained until police arrived. They were accused of shoplifting because after they tried on several items in the fittingroom, it was said by a clerk that they didn't return all of the items to the clothes rack. When the police officers arrived, my daughters were questioned and searched. The police officers did not want my wife and I to be in the room while they questioned our daughters. One of my daughters is 17. I believe that because of her age, we as parents should have been allowed to be present during the questioning. After they were searched, no items that LP claimed they took were found in their possession. The police officers then arrested them, and took them to the police station, where they were again stripped searched. My wife and I bailed them out. How can our daughters be arrested for something they did not do? And to say the least, no merchandise were found on them. Also, the LP didn't see them leave the dept store with any merchandise.


Asked on 6/05/09, 8:42 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Being wrongfully accused of shoplifting

That is how it happens. If they were really wrongfully charged, there may be some civil action you can take after being found "totally" not guilty. And, a 17 year old is considered an adult for criminal law purposes in Louisiana.

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Answered on 6/08/09, 8:10 am


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