Legal Question in Criminal Law in Massachusetts

wrongfully accused on shoplifting

My daughter who is 13 was shopping inside a small used store. The owner called the police and said she was shoplifting. The owner said nothing to her. She was simply looking at pair of pants. The police man questioned her, search her and found nothing. The owner claimed that she had stolen in the past. She had a prior situation with the store. They ran criminal back ground checks on her. She has no prior crimes. The owner placed a no trespass order against her. When we found out. My wife and I went in to ask what this was all about? The owner screamed at my wife and claimed that she stole too and we were all thief's. My wife teaches Sunday school and I am professor at a well recognized Ivy League school. She claimed to have a video tape of my wife and daughter stealing. When we demanded to see this video. She refused to show it to us. She continued to insult both of us. Called us liars and professional thief's, our daughter was a thief. The police lied to us and said they had a copy of this video. When we looked into it. No video exists. They stated that she can still press charges for this prior incident. What are legal rights and options to stop her from making these false claims? Can we sue her for slander? They are devastated.


Asked on 12/28/08, 5:28 pm

3 Answers from Attorneys

Re: wrongfully accused on shoplifting

Yes, you can sue for slander and harassment, and can file a private criminal complaint if the store's actions crossed any permitted lines. The police are, however, allowed and encouraged to lie to potential suspects if it could lead to a confession, so you will not have a cause of action against them for telling you that there was a video of a crime when none existed; it is standard inetrrogation/investigation tactic to attempt to trick a suspect into "explaining" "what really happened" and thereby making statements against their interest, especially in cases where there is no other evidence.

The advantage to a civil lawsuit is that, during discovery, you can deamnd or even have a court compel the production of this alleged video.

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Answered on 12/28/08, 5:51 pm
Nikiki T. Bogle, Esq. Bogle & Chang, LLC, Attorneys at Law

Re: wrongfully accused on shoplifting

We are very sorry that your family had to undergo such a terrible ordeal.

Based on the issues you have detailed, the short answer is Yes. Your family could sue the individual for slander.

Please contact our law firm for confidential information regarding your legal rights and your legal options on this matter.

Thank you,

Attorney Nikiki Bogle

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Answered on 12/28/08, 5:52 pm
Joseph Murray Joseph M. Murray, Esq.

Re: wrongfully accused on shoplifting

Yes. Wrongfully accusing one of a crime is libel and slander per se without need to prove any other damage. Retain an attorney to file a civil suit in which you can demand discovery of this alleged video tape before they can claim they have taped over it. Good Luck!

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Answered on 12/29/08, 1:47 pm


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