my girlfriend was arrested for shoplifting in Kmart , she was 10 feet from the exit door and was stopped was stopped by loss prevention. she was asked to step into the back office and was searched and items were found in her purse . BUT my question is , did they have the right to stop her before she left the store ? she was still in the store 10 feet from the door when she was stopped ? is that legal?
and if it was legal how should she plea ?
2 Answers from Attorneys
The general rule is past the last point of purchase. One needn't be physically out of the store, but rather on the way out of the store and past the last point at which the items would be paid for. I could not advise on how to plea as there are not enough facts here, nor do I know anything about her history, the amount of goods involved and more, or what the state might offer in return for a plea. There are many things to factor into the decision...
They could stop her. Whether she should plea and how she should plea depends on other facts of the case, her background and the evidence against her.
Does she have a prior theft charge? If yes, the maximum penalties are higher
Is she a US citizen? If no, she could face removal from the country if she enters a plea.
Meet with an attorney who can review the case and her defenses and background and advise accordingly.
Natalie Hall, Esq.