Legal Question in Criminal Law in North Carolina

I was in Walmart with a friend and my friend decided to do a return on an item that they didn't purchase they took a vacuum cleaner from off the shelf open the box up and then put it in their buggy. I was with them when they were doing this but I did not touch the vacuum cleaner. I did touch the buggy and pushed it a little ways. They then went to the customer service desk and told the customer service rep I have a return. I didn't say anything. Only thing I did was push the buggy a little bit I was not in agreeance with this return. They then got a gift card for 159 for the vacuum cleaner and as we was walking out the store the cops stopped us. They took us in a back room and one of the cops asked did I have anything to do with it and one of the ladies that work at Walmart said yes I was with my friend the whole time my friend got a charge for a misdemeanor of trying to walk out of Walmart with the vacuum cleaner I was also charged with the same thing we have to go to court in a few weeks was that right for me to get charged with that just because I pushed the cart? I didn't touch the vacuum cleaner and I did not speak of any return when I got to the customer service that they did all the talking. My friend even told him that I had nothing to do with it it was their idea from the jump what do you think will happen when I go to court? Can I get jail time for this?


Asked on 8/05/15, 7:53 am

2 Answers from Attorneys
Michelle Sparrow Sparrow Law Firm

Thank you for your question. Please contact the office at (919) 829-3500 at your convenience, and we will be happy to assist you.

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Answered on 8/05/15, 8:08 am

Based on your description a more appropriate charge would have been aiding and abetting. Even though you say you didn't agree with the plan, you basically went along for the ride and you didn't do anything to prevent it or distance yourself from it. Yes, you could possibly get jail time for this but it is more likely that you would get a probationary sentence of some sort. There are actually lots of options to resolve this matter so you should consult with a local criminal law attorney. If you are convicted of something also expect Wal-Mart to request that you be banned from their stores. In the future, if you find yourself in a similar situation where friends have decided to do something criminal while you don't necessarily have a duty to prevent the crime you should at least remove yourself from the situation by physically leaving.

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Answered on 8/06/15, 7:21 am


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