If you are with someone who is shoplifting can you be charged with the same charge?

Question

I was with someone who was shoplifting, I paid for something I had my receipts. The person I was with got arrested for shoplifting and I got arrested too. She went to court and took a diversion. I have not went to court yet but I do have a court date. (Yes I knew the shoplifting was taking place and said nothing.) In the State Of Mo, It happened Dec the 1st 2007 My court is August 21, 2008

Answer 1

Usually if you knew about and did nothing to stop nor said anything about it that tends to make you either an accomplish, or an accessory to the crime.  

Answer 2

If you knew it was happening and said nothing, yes, you can be charged with the same crime.  I'm in MO and we don't have an "accomplice" crime for shoplifting in my jurisdiction.  You would just be charged with the same crime as your friend.  You have probably already been told by the store that you are not allowed back and you should be expecting a "civil recovery" letter from the store's attorneys.  This means that they can make demand for up to 3 times the value of the merchandise that was stolen, plus lawyer fees for the trouble you and your friend put them through.  What's your criminal history look like?  Are you a juvenile or adult?  Was it a misdemeanor or felony?  There are a lot of things that can determine what will happen when your court date comes up.  

Answer 3

Possibly,

when you go to court always plead NOT guilty.

Answer 4

Depending on the state, there is two possibilities.

In order to be charged in most states, they must prove you did some deliberate action to assist your friend. This could be acting as a lookout, or distracting store employees.

Although you are not mandated to report the crime, some states require you to walk away if you know a crime is being committed. By standing there and watching, you could be charged as a party to the crime.

Answer 5

"Yes I knew the shoplifting was taking place and said nothing"

It's conspiracy or aiding and abetting, and carries the same penalties.

Answer 6

Most likely the state is going to make the case that you where an accomplice to the crime, that you knowingly help your friend by distracting the sales person with a legitimate purchase while your friend stole items  

Answer 7

You may be charged with shoplifting because you knew it was happening.

But most likely you will be charged with being an accomplish to the crime.