Legal Question in Criminal Law in Massachusetts
Store Fines For Shoplifting
My step son, who lives with his father, was recently detained at a mall store after beeing caught shoplifting a shirt. He is a minor. The product was returned unopened and unused as he did not make it out of the store. He was told by store security he needed to sign some papers or the police would be called. After he did that he was told he owed a fine of $500 to the store. His father was then contacted.
Without police involvement, and since he signed as a minor without parental involvement, this does not seem legal to me. Frankly, it sounds like extorsion.
Should he pay this $500?
2 Answers from Attorneys
Re: Store Fines For Shoplifting
Something does not sound right there. I suggest meeting with an attorney and discussing all the details and then having that attorney represent your son's interests with the store. Hope that this helps --please feel free to contact me further. Martha Kovner
Re: Store Fines For Shoplifting
This is typical of such stores. The fine is just a tax by the store with a threat hanging over the person's head that a failure to pay could result in sending a complaint to the police. On its own this "tax" has no force. Yes, they have the authority to temporarily detain your son, but anything beyond this temporary detention could be an equivalent to kidnapping. As Martha Kovner said, you should consult an attorney before you respond. You can call her, or me and the matter could be discussed further.
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