Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: Is there a common backstory that people tell you once they’ve come to you for help on a petty larceny case about what happened?

After Being Charged, Many People Are Ashamed of Their Actions and Cannot Offer an Explanation of the Motivation behind Shoplifting

Mike: No. People just are ashamed. I mean, it’s the type of crime that, they don’t know why they did it. Usually, it’s not an economic motivation because most of these people can afford what they steal.

It’s just, for whatever reason, people form this intent. They can’t explain it and psychiatrists and psychologists have trouble explaining it, as well. But it still results in a case that has to be dealt with.

Can You Be Detained By Store Personnel if It Is Suspected That You Have Shoplifted?

Interviewer: Will store personnel physically detain someone? Are they legally allowed to do that?

You Can Be Detained and Questioned By Store Personnel

Mike: The normal procedure is store security comes up to the individual and says “We’d like to speak to you back in our office. We believe that you took some items” and you have accompany them back into their office. If you resist, it becomes a bigger problem.

When you are in the office, they try to get you to admit what you did. They try to prove that you shoplifted rationally and knowingly. Sometimes, the intent is so obvious they don’t even need a statement from you.

You Can Be Arrested By the Police and Taken to the Police Station

They just call the police who then transport you to a police station, process you and give you a court date. Therefore, it is highly advisable to call your Shoplifting Offenses attorney in Hartsdale for the timely help.

What Might Occur If You Refuse to Cooperate with the Store Personnel?

Interviewer: Have you had cases where people tell the store personnel off and they walk out the door. And if so, what happened?

Mike: I have had that. It still became a case. All of these circumstances are relevant; however, not necessarily to whether a case gets bought. Whether you lose patience or not, you’re not going to be able to talk to security personnel out of proceeding with the matter.

Interviewer: Are you obligated to answer securities questions or can you just say nothing?

You Are Not Legally Obligated to Answer Questions Asked by the Store Personnel

Mike: You’re not obligated at all. You can just say, “I’d rather not answer any questions. You have to do what you have to do.” Most people try to talk their way out of it, admit their wrongdoing, apologize, say they’re going to pay for it and so forth.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161