Imagine this scenario: you're browsing your favorite apparel store, trying on some bracelets when you're distracted by running into an old friend. The two of you decide to head out and grab lunch. You begin to venture out of the store, not realizing you're still wearing one of the bracelets you were trying on. As soon as you exit the store, you're approached by a security guard and asked to step into the store manager's office. You're accused of shoplifting the bracelet, and the security guard threatens to call the police if you don't sign a statement of guilt.

Being detained and accused of shoplifting is a situation nobody wants to be in. Whether you're innocent or guilty, however, you should always be aware of your rights.

You're Allowed to Leave

First of all, understand that security guards don't have police powers. As such, they aren't legally allowed to detain you against your will, so you're technically free to leave at any time. This is something many security guards will refrain from informing the people they pull aside. However, these security guards do have the right to contact the local police if you're cooperating. Once that occurs, the police will have probable cause to search you for shoplifted store merchandise and, at that point, you could very well be taken to jail.

They Need Probable Cause

Speaking of probable cause, what kind of evidence does a store security guard need in order to safely assume you've committed an act of shoplifting? Laws can vary from state to state, but in most cases, a store employee, security guard, or manager must witness you taking a piece of store merchandise and physically walking out of the store with it. It's not enough to simply "suspect" that a person is shoplifting or to hear from a customer that they witnessed somebody conceal a piece of store merchandise.

The Best Thing to Do

Generally, the best thing you can do if you're caught shoplifting (if you're actually guilty) is to cooperate with the security guards and store managers as much as possible. In some cases, they may simply require that you return or pay for the stolen merchandise and will not press charges (or even contact the police). If you refuse to cooperate, however, the police may be called and you could be charged with a misdemeanor or felony (depending on how much the merchandise is worth).

If the store owner does decide to press charges, a good criminal defense attorney, like Davidson Law Center Inc or others, can help you establish your defense.