Legal Question in Criminal Law in New York

I posted a previous question about by son being accused of shoplifiting, but have now found out Kmart falsely accused him & did have video of the 2 boys who did it & it was not my son, but 2 people my son know & the one took my sons permit(my son dropped it in his car 1 time & could never get it back from him) & used it when Kmart filed the report. My son has dark brown hair& the boy has blonde?? The signatures are completly different. Would'nt security pick up on this??!! So now the police are involved trying to press charges for identity theft. This boy who used my sons permit already has a record & is currently on house arrest. Is there anything I can do about Kmart? Thank You! Denise


Asked on 11/30/12, 6:13 am

1 Answer from Attorneys

Arkady Bukh Bukh Law Firm, P.C.

As I remember your son was never charged with shoplifting by the police, so there should be no record or problem about this criminally. If you want to sue the store, you might want to consult with a civil litigation attorney and see if they feel this would be a worthwhile suit. The police are doing their part in charging the other boy for identity theft. You don't owe K Mart anything and they probably owe you and your son an apology, so maybe a letter to the head of the corporation might get you some satisfaction.

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Answered on 11/30/12, 2:12 pm


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