Is it right to charge me for petty theft if I didn't physically take anything?
Asked on Sep 23rd, 2015 on Criminal Law - Minnesota
More details to this question:
My friend and I went to a grocery store that he currently worked at. I put some sushi in a different refrigerator and went out to his car. While I was at his car, he grabbed the sushi from the refrigerator and walked out and got caught stealing it 3 days later. Now the grocery store is trying to charge me and my friend $50 each. If I don't pay then they are taking me to court. I did eat the sushi which later that night gave me hives on my body because I turned out being allergic to sushi. Could I use that in my defense if I do go to court because there wasn't an allergy warning on the box of sushi? Last but not least, they did have sushi samples that proves on camera I did eat their sushi, but they can't prove I ate any of the sushi my friend took. Remember, this is about me proving I didn't take the sushi, me being allergic to sushi would just be a defense.
Under the facts that you set out, you can be prosecuted for aiding and abetting his theft. I would recommend retaining a lawyer to help you try to keep this thing off of your record. And no, I would not expect your allergies to be a defense to a criminal charge. Good luck.
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