Legal Question in Criminal Law in New York

Is Shoplifting incident report the same as an arrest?

My sister was accused of shoplifting and was told to

sign a paper that said she wouldn't come into the

store again or she would be arrested for

trespassing. Then they took her picture and then

they filled out an incident report. She left abruptly

because she was so upset and they made it like

they were doing her a favor. But does an incident

report go to the police? And if so is it the same as

an arrest? Does this mean she now has a police

record? And did she sign away her rights to

contest this accusation? And if she steps foot in this

store again (it is a national chain) do they have

grounds to arrest her?


Asked on 10/13/04, 10:10 pm

1 Answer from Attorneys

Re: Is Shoplifting incident report the same as an arrest?

Your sister was not arrested and the report does not go to the police. However, the document that she signed probably said that if she went into the store again she could be arrested for trespassing. Without reading the documentmt I don't know if it applies to the entire chain, but I doubt that it does. There probably is not much your sister can do at this point. If she had refused to sign the paper, the store most likely would have called the police and had her arrested. Your sister may get a letter from the store or its lawyers requesting that she pay up to 5 times the cost of the merchandise because there is a New York law that provides for this.

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Answered on 10/14/04, 8:41 am


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