Legal Question in Criminal Law in New York

criminsl law/shoplifting

can a youth be arrested for shoplifting even if he wasn't the one shoplifting? He was searched, nothing found on his person, but was told by the officer he was ''guilty by association''.


Asked on 12/03/07, 8:45 pm

2 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: criminsl law/shoplifting

A cop can arrest anyone he wants for any reason he has if he wants to take the chance he will be sued. Cops do this a lot. That is because there aren't many people willing to sue the police and fewer QUALIFED lawyers who will do the work. It is rare that cases like this even see a trial because people cannot afford to go to trial and they plead guilty.

There is no such thing as "Guilt by Association." There is such a thing as lazy police work however. You need to review your case with a qualified attorney who practices in Criminal law and Civil Rights litigation.

Please give me a call or send me an e-mail if you would like to discuss this further.

Good Luck

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Answered on 12/03/07, 11:12 pm
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: criminsl law/shoplifting

The issue is what he was charged with, not what you believe the conduct was. You did not specify the exact charge he was arrested for.

On Long Island, I frequently represent clients charged with criminal possession of stolen property and/or burglary and/or petit larceny who think they are charged for shoplifting. There is a huge difference between the various charges, and you should contact a criminal defense attorney to discuss it further.

Feel free to contact me if you have any questions. [email protected]; 516.873.8989.

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Answered on 12/07/07, 5:43 pm


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