Expert: Robin Sexton - 7/20/2009

Question
i live in washington state and i always go to wal mart which is just down the
street of my house. today me and my best friend went there to get her some
nose rings and i bought a board game and some bath soaps. while we were
walking around, apparently my friend opened some ($5) earrings and out
them into her purse. this is not the first time she stole from walmart but it is
the first time i noticed that she was stealing something. usually i dont notice
until we get into the car or sometimes i assume she put the stuff she was
holding back. well today was the first time i noticed that she was stealing
right away but i just kept shopping like usual. when we left walmart a man
and a woman stopped us and took us into a security room and questions us
both. she instantly told me i helped my friend steal and was covering up for
her the whole time by blocking other view from my friend during the act. in
truth, every time my friend stole from there i had no idea until it was much
later, i actually was just shopping. the lady insisted i was lying and would not
let me get my story out. im 18 and my friend is 17. they gave my friend the
choice of either calling her mom or the sheriff but my friend didnt want to
face her mom so she chose the sheriff. i was allowed to leave but me and my
friend are never allowed to "trespass" onto any walmart or their parking lots.
in sept. me and my friend were suppose to go to college for 4 years and room
together. but my friend just told me she might not get to go to college
because of probation and court problems. this is the first time either of us
have ever been in trouble with the law, we both agreed to pay restitution and
to never return to walmart. how come this affects her chances of going to
college?? was it fair for me to be banned from any and all wal mart premises?
is this something i should legally fight back in or should i just accept the
consequences, even though i didnt actually steal anything and was not aware
of her stealing? please help me, i have no idea what i should do...

Answer
Michelle,

    Sorry that you got dragged into your friends bad judgement.  Reviewing your question i don't see where you were arrested or cited by the sheriffs department for anything.  If i am mistaken  i apologize.  Anyway,  your friend should not be prevented from college etc over this issue.  Unless she has an extremely bad record.  Students do probation at college all the time.  Actually most courts were prefer if their defendants did go to college.  I suspect your friend is mistaken.  Now she may have some court appearance etc that she will have to make arrangements for but most courts can be fairly accommodating.
    Your being banned from Wal Mart is a civil function and they can ban whom ever they want as long as it does not violate civil rights laws.  Stealing or being an accessory to would be reason.  Here is the reality of being banned.  It is not possible for them to recognize you just walking into wal mart.  However if you get involved in a recurring incident then you are guilty of trespass.  They also may be able to link your name to an in house data base that could connect you with checks, credit cards or debit cards.  Suggest that if you decide to go, use cash.
    Finally,  your friend has been making some very bad choices and you have been allowing her.  You are tacitly approving of these acts by not calling her out.  Also these acts can get you in trouble, as they have already.  I am not sure that a person who puts you in this type of situation is someone i would call a friend.  If you room with her what other items may she bring into your room that could get you in trouble ?  The fact that they are in your room even with out your knowledge could get you expelled from school.  Please think very seriously about this.

Hope this helped

robin