Your teenager comes home upset and tells you they were caught shoplifting with friends at the mall. But here’s the thing – they swear they didn’t actually take anything.
Your mind starts racing with questions: Can they really be charged if they didn’t steal anything?
What does this mean for their future? Will this affect college applications?
This situation is more common than you might think.
Many teens find themselves in trouble simply for being with friends who decide to shoplift. The good news is that being present doesn’t automatically make your teen guilty of shoplifting. However, the legal situation can be complicated, and understanding Georgia’s laws is crucial for protecting your teen’s future.
Can Your Teen Be Charged Even Without Taking Anything?
Yes. Under Georgia law, specifically O.C.G.A. § 16-8-14, a person can be charged with shoplifting when they act “alone or in concert with another person” to steal merchandise. This means your teen could potentially face charges even if they didn’t personally take anything.
However, being charged doesn’t mean being guilty. Georgia law requires prosecutors to prove specific elements beyond just being present:
What Prosecutors Must Prove:
- Intent to steal: Your teen must have intended to help take merchandise without paying
- Active participation: Simply being present isn’t enough – there must be evidence that they aided, assisted, or encouraged the individual
- Knowledge of the crime: Your teen must have known or had reason to believe their friends were shoplifting
Common Scenarios Where Teens Get Wrongly Accused:
- Standing nearby when friends shoplift without knowing what’s happening
- Being asked to “hold something” without knowing it wasn’t paid for
- Leaving the store with friends who concealed items, but having no knowledge of the theft
- Being present during the incident but not participating in any way
How Georgia’s Shoplifting Laws Work for Groups
When multiple people are involved in shoplifting, Georgia law looks at each person’s individual role. The law recognizes different levels of involvement:
- Primary Offender: The person who actually takes the merchandise
- Accomplice: Someone who knowingly helps or encourages the theft
- Innocent Bystander: Someone who happens to be present but doesn’t participate
For your teen to be convicted as an accomplice, prosecutors must prove they:
- Knew their friend was shoplifting
- Intentionally helped or encouraged the theft
What Penalties Could Your Teen Face?
If your teen is 17 or older and charged with shoplifting in Georgia, the penalties depend on the value of the stolen merchandise:
For Items Worth $500 or Less (Misdemeanor):
- Up to 12 months in jail
- Fines up to $1,000
- Probation
- Community service
- Mandatory shoplifting prevention classes
For Items Worth More Than $500 (Felony):
- 1 to 10 years in prison
- Substantial fines
- Felony conviction on their record
Additional Consequences:
- Difficulty getting into college
- Loss of scholarships or financial aid
- Problems finding employment
- Professional licensing restrictions
- Permanent criminal record
If your teen is 16 or younger, then they will likely face charges in Juvenile Court.
How to Protect Your Teen’s Future
If your teen has been accused of shoplifting with friends, taking the right steps immediately can make a huge difference:
1. Stay Calm and Don’t Panic
Your teen needs your support right now. Avoid lecturing or getting angry – focus on protecting their future.
2. Don’t Let Them Talk to Police Without You
Teens often think they can “explain everything” to clear up the misunderstanding. However, anything they say can be used against them later, even if they’re innocent.
3. Contact a Legal Team Immediately
The sooner you get professional help, the better. An experienced legal team can:
- Review the evidence against your teen
- Challenge charges if they lack merit
- Work with prosecutors for reduced charges or dismissal
- Protect your teen’s rights throughout the process
4. Gather Evidence That Shows Your Teen’s Innocence
- Store security footage that shows your teen’s actions
- Witness statements from other shoppers
- Text messages or social media posts that prove they weren’t involved
- Character references from teachers, coaches, or mentors
Common Defenses That Work
When teens are wrongly accused of shoplifting with friends, several defenses can be effective:
- Lack of Intent: Your teen didn’t know their friend was stealing and had no intention of participating.
- No Active Participation: Being present doesn’t equal participation. Your teen must have actively helped or encouraged the theft.
- Mistaken Identity: In busy stores, it’s easy for security to confuse who was involved.
- Insufficient Evidence: Prosecutors must prove guilt beyond a reasonable doubt. If the evidence is weak, charges may be dismissed.
What Makes This Situation Different for Teens
Teenagers face unique challenges when dealing with shoplifting accusations:
- Peer Pressure: Teens often find themselves in situations they didn’t choose but feel unable to leave.
- Poor Decision-Making: Teen brains are still developing, particularly the parts responsible for judgment and impulse control.
- Fear of Speaking Up: Many teens are afraid to tell friends “no” or to walk away from bad situations.
- Limited Life Experience: Teens may not understand the legal consequences of their actions or presence.
These factors don’t excuse criminal behavior, but they can be important in defending against wrongful charges and working out appropriate consequences.
How We Help Families Handle This Challenge
At Ghanouni Teen & Young Adult Defense Firm, we understand that people in their teens and twenties face unique pressures and challenges. When your teen is accused of shoplifting with friends, we:
- Investigate Thoroughly: We examine all evidence, including security footage, witness statements, and police reports to determine what really happened.
- Focus on Your Teen’s Future: We develop strategies that protect their educational and career opportunities, not just address the immediate legal issues.
- Work with Families: We understand this affects your entire family and provide support throughout the process.
- Defend Vigorously: We work to get charges reduced or dismissed whenever possible, especially when teens are wrongly accused.
- Provide Honest Guidance: We’ll tell you exactly what to expect and won’t give you false hope, but we’ll fight for the best possible outcome.
Take Action Now to Protect Your Teen’s Future
If your teen has been accused of shoplifting with friends, don’t wait to get help. The decisions you make in the next few days and weeks can impact their entire future. Many families assume their teen is automatically guilty because they were present, but that’s not true under Georgia law.
At Ghanouni Teen & Young Adult Defense Firm, we’ve helped countless families handle these difficult situations. We understand the unique pressures teens face and the importance of protecting their future opportunities.
Contact our legal team today to discuss your teen’s situation. We’ll review what happened, explain your options, and help you understand the best path forward. Your teen’s future is worth fighting for – let us help you protect it.
