Legal Question in Criminal Law in New York

My son was accused of stealing gloves from Kmart on 11/7/12, he is 16yrs old & they said he was with an 18 yr old & they released him to his custody. I was never notified. The police were not involved. My son said he did not do this & does not even know who this person is. They have no video footage, they did not make a copy of his ID, andthe signature on the Release by Adult form is suppose to be my sons signature and looks absolutely nothing like it& the address is not correct, my son's Learners permit has been lost about 3 weeks before the icident. Security told me he is considered an adult at 16 if he has ID so thats why they let him go home home with this other person& did not contact me. I received a letter 2 days ago from atty stating my son was detained for a shoplifting incident on & owes $144.90 and thats how I found out about this. How can they prove it was my son & not being set up by someone who does'nt like him & may have his ID? What can I do?? Thank You! Denise


Asked on 11/27/12, 9:29 pm

1 Answer from Attorneys
Arkady Bukh Bukh Law Firm, P.C.

The stores send out these demand letters frequently and do not follow up on them. Your son was underage and could not even make an agreement with them without your consent. The age of majority in NY is 17. You should report his learner's permit lost and get a replacement from DMV. Also does your son know the 18 year old, if so, ask if you can speak with him or her and ask if your son signed anything. Basically as far as this store is concerned, ignore the letters. However, keep an eye on your son's credit report in case any identity theft has occurred. I sincerely doubt that anyone would get too far using a minor's learner's permit. Do report it stolen.

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Answered on 11/29/12, 9:51 pm


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