Can I be sued if someone I was with was arrested for theft and I was not?

Question

My friend was stealing things at a store; I was aware and I think I pointed, or handed things to her. Although I thought she was just looking at what I liked, she put it in her purse. She also walked away from me and stole other things. She was the only one that was stopped/ caught and I just walked. I'm worried that her parents might sue me because I was there. What can I do?

Gregory Crain · Answer

No.

Michael J. Breczinski · Answer

Her parents have no grounds to sue you for her behavior.

George Derieg · Answer

You cannot be sued by either the person who committed the theft, or her family members. You did not steal these objects, so you should be fine.

Eric Sterkenburg · Answer

Anyone can file a law suit against anyone else. However, on the face of what you said any good civil attorney will tell them that there are no grounds for the suit and not to do it.

Gregory Casale · Answer

If you weren't already charged, it is unlikely to happen. If it does, hire a lawyer. I think I could get that charge dismissed if I represented you, based on the limited amount you have told me. That does not constitute a guarantee of the outcome, but there would be a pretty good chance that I could get that charge dismissed for you.

Timothy Klisz · Answer

There is no suit here. You certainly could be charged with the crime, or accessory or conspiracy to commit retail fraud.

Austin Hirschhorn · Answer

If I were you, I would worry more about whether your friend that was arrested and charged with stealing might tell the authorities about your involvement which might cause the police to contact you to question you about your involvement.  My advice to you would be to not talk to the police about this case no matter what they may promise you in an effort to get you to admit your involvement.  I don't think that your "friend" would have much of a case against you since she continued with stealing after she left your presence and you never received any of the merchandise that she stole.

Larry Dunn · Answer

A person is not criminally or civilly for being present when someone   commits a crime. However, pointing at items and handing items to your friend may   be considered evidence that you were participating in the crime. It is  unclear  why your friends parents would have grounds to hold you responsible for  your  friends actions or file a lawsuit against you. It is more likely that  your  friend or her parents may inform the police that you helped in  committing the  crime. You should consult with an attorney immediately.

Jeff Yeh · Answer

Don't worry. Her parents can't and won't sue you. Just keep your mouth shut and don't talk to anyone. If you try to "explain" things you will end up incriminating yourself.

Mark R. Thiessen · Answer

Yep, conspirators are liable for charges of the whole party.

Jared Altman · Answer

Just make no statements to anyone and refuse to be interviewed by the police without your lawyer being present.

Dean Valente · Answer

Doubtful unless perhaps/maybe friend was a minor and you an adult whose care the minor was entrusted to. Would need a lot more info abount incident to make any real analysis but very doubtful.

Clayton Lockhart · Answer

Anyone can file a lawsuit against anyone else for any number of reasons.  However, just because someone files a lawsuit against you doesn't mean they can prevail in their lawsuit.  I don't see that your friend's parents would have any grounds to sue you, nor is there any cause of action for your friend to sue you that I am currently aware of.

Dennis Roberts · Answer

First, doubtful they will sue you. Second, if they do, get a civil lawyer.

John Toivonen · Answer

When it comes to lawsuits and money damages, the first question is: do you have any money? If you have substantial assets, hire an attorney right away. If you have virtually no assets, then anyone who sues you either wants to make a moral point or is a complete fool.  The fact that you were with someone who engaged in theft is not grounds for you  to be sued.

Marshall Tauber · Answer

Don't do anything.  Keep your mouth shut.  Don't even mention your fears to your friend.  Her parents have no grounds to sue you but they may want you to be punished too, so don't ever bring up the subject to anyone.  Act like this never happened.

James Osak · Answer

You could get sued . . . but not likely by her parents. The store might sue you if they believe that you were part of a theft ring.  SEE: MCL 750.2953 (MI Compiled Laws). If you were aware she was stealing AND you handed "stuff" to her . . . that makes you an accessory to theft (retail fraud). You're JUST as guilty as your friend.

Mark Smith · Answer

I wouldn't worry about it at this point, although aiding and abetting and   conspiracy come to mind, the fact that you left the store and was not  arrested  should put an end to it.  If the police want to talk to you do not talk  to  the police, again, do not talk to the police.

Steven Alpers · Answer

It is possible you could have been criminally charged, but since the police don't know your name it is unlikely.  (If your friend gave them your name you could be charged).  You cannot be sued by her parents.

Patricia Corrales · Answer

Yes, based on the facts as you have outlined them below, you could be charged criminally with conspiracy to commit theft.  However, as you indicated, you were never arrested so the State of California in all likelihood will not be filing criminal charges against you.  Now, as it relates to a personal civil suit against you by your friends parents...the answser is "No." Your friends parents can not sue you for actions their daughter committed as you outlined the facts.  My recommendation: pick new friends and don't engage in or assit another with committing a crime.

Robert De Groot · Answer

You cannot be sued for this, you were lucky that criminal charges were not brought against you as well as the friend.

Michael Jones · Answer

If you were not in actual possession of the stolen property it's unlikely you would be charged with theft.  However, the synario you outlined will likely lead to a charge of aiding and abetting the theft.   You shouuld immediately seek experienced, local counsel.

Bruce Arthur Plesser · Answer

I wouldn't worry about a law suit from the parents.

Nathaniel Shafer · Answer

First off, private citizens such as parents cannot bring criminal charges against you. That will be the decision of a prosecutor. It is possible that a prosecutor might decide to bring criminal charges against you after talking to your friend, but, if what you described is accurate, that doesn't seem likely. If you are arrested or have charges brought against you, I would ask to speak to a lawyer immediately.

Jason Savela · Answer

Unlikely,   you could face criminal charges.

Michael Palumbo · Answer

You stole from a store man up and take responsibility.

John Brennan · Answer

On the basis of the facts represented, I do not believe you have a civil liability to "your friend".  If you were "working with her" it is possible that you could be charged criminally as her accomplice. Whenever you are in the presence of any criminal activity being practiced by a "friend" you are at risk, and you are NOT with a real friend.

Gary Moore · Answer

You seem to be saying that you were unaware of your friends intention to steal and merely passed items to her to considering purchasing same. Based on these facts, you have no need to worry.

Jeffrey Pollock · Answer

You have more to be worried about criminally than civilly (unless your   friend was a minor or incompetent perhaps).

Leonard A. Kaanta · Answer

No they can't sue you, but you could be considered as an accessory to the crime.

Andrea Rogers · Answer

I'm not aware of any possible grounds for her parents to sue you. I  don't believe you should worry about that happening.

Stephen Dempsey · Answer

There is no basis for a cause of action against you. However, if you were babysitting someone or they were in your charge when something happened as a result of some duty of care you owed them, then maybe they may have some arguement under negligence.

Steven Fairlie · Answer

There's probably not much she can sue you for, but I would need to know the facts to be sure of that.  More importantly, you should not talk with her or anyone else about this as she may turn you in to the authorities and you could be arrested.  Best of luck.

Edward Blum · Answer

Don't worry. Keep your mouth shut.

Michael Edwards · Answer

Best advice: stop worrying and deal with whatever comes.  Good luck!

Matthew Kober · Answer

This does not sound like a viable law suit.  I doubt that would happen.  But, I also see many lawsuits I would not expect.   There's nothing stopping them from actually filing a law suit against you, the question is whether they would prevail.

Gary Russell · Answer

Unless your friend is a minor and they are suing on her behalf, your friend's parents lack standing to sue you for anything that happens between you and your friend.  Even then, I am unaware of any cause of action that they could sue you under based upon the facts as you have stated them.

Thomas Edward Gates · Answer

I lack sufficient information to answer your question completely.  Since you were not charged with a crime you are not liable, at least for now. I am unaware of any civil claim that you could be sued for, based upon the information you have provided.  In addition, her parents do not have standing to sue.

Stuart Nachbar · Answer

The only thing you can do at this point. You could be charged with accessory either before or after the fact.  Until they contact you, there is  nothing to do.

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Can I be sued if someone I was with was arrested for theft and I was not?

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