Shoplifting at Macy's Herald Square.

As discussed, when facing allegations of shoplifting at Macy’s Herald Square, there is no answer that fits for every scenario. As a result, it is important to understand the factors that dictate the range of possible outcomes, from no charges at all to a criminal investigation. While the specific details of your case will play a key role, there are some key factors that are relevant in every scenario involving a Macy’s shoplifting accusation.

1. Petit Larceny vs. Grand Larceny

When dealing with shoplifting allegations in New York City, the distinction between petit larceny and grand larceny depends on the value of the merchandise and other statutory circumstances. Under New York Penal Law section 155.25, petit larceny (defined as stealing property, regardless of its value unless another provision elevates the offense) is a Class A misdemeanor. This charge can lead to an arrest, prosecution, and criminal conviction if the Macy’s theft allegations are not successfully disputed.

On the other hand, grand larceny in the fourth degree (defined as stealing property when the value of the property exceeds $1,000, among other specified circumstances) is a Class E felony. Under New York Penal Law section 155.30, Macy’s Herald Square shoplifting allegations can trigger felony criminal charges if the merchandise value exceeds $1,000.

2. Criminal Possession of Stolen Property

In addition to petit and grand larceny, allegations of shoplifting at Macy’s Herald Square can also lead to criminal possession of stolen property charges. This charge can arise in a variety of scenarios, with the grade and potential consequences depending on the degree charged.

3. Unlawful Misconduct

Allegations of shoplifting at Macy’s Herald Square can only lead to criminal charges if the alleged misconduct is actually unlawful. While shoplifting allegations may lead to criminal charges in certain scenarios, they are not deserved in every case. In these circumstances, asserting a defense that the conduct was not willful, that the individual has just cause, or that the individual has lawful authorization to possess the merchandise can be a powerful strategy.

4. Store and Civil Recovery Efforts

In addition to facing the possibility of criminal prosecution, individuals accused of shoplifting at Macy’s Herald Square can also face store and civil recovery efforts. While these are private matters, they can still have lasting repercussions, and addressing them promptly is key.

How far may Macy’s security go under New York’s shopkeeper’s privilege?

Under New York’s so-called “shopkeeper’s privilege,” retailers are entitled to reasonably detain customers when they have reasonable grounds to believe the customer is committing or attempting to commit larceny. The privilege applies if a retailer:

• (i) has “reasonable grounds” to suspect that the customer has committed a shoplifting crime;
• (ii) detains the customer in a “reasonable manner”; and,
• (iii) detains the customer for a “reasonable period” of time.

The privilege also stipulates that the retailer’s intent must be limited to investigating the shoplifting incident in question. Importantly, this means that if a shoplifting allegation is investigated in accordance with the shopkeeper’s privilege, then the retailer has a defense to an action for false imprisonment.

Detaining Suspected Shoplifters

In practice, Macy’s Herald Square security personnel can detain suspected shoplifters in a variety of scenarios. While it is not uncommon for security personnel to stop suspects before they leave the store, security personnel may detain suspects in the immediate vicinity of the store if the statutory requirements are met; and, unlike many other retailers, Macy’s may decide to release a suspect before contacting the police.

Do’s and Don’ts for Store Detention

If you or a loved one is facing a Macy’s shoplifting allegation, it is important to understand that you (or the individual in question) should not sign any written admissions and should avoid attempting to negotiate a civil settlement or other non-disclosure agreement with the store’s security personnel. Instead, the safest course of action is to speak with an experienced defense attorney who can intervene promptly on your behalf.

Violations of the Shopkeeper’s Privilege

Furthermore, if the retailer’s detention is not conducted in accordance with the shopkeeper’s privilege, then the retailer may be liable for a variety of potential violations. If Macy’s (or another retailer) oversteps its legal authority during detention or investigation, this may not only limit the risk of criminal charges, but it may also provide sufficient grounds for a private lawsuit. In these cases, having an experienced lawyer on your side is a critical step toward both avoiding criminal consequences and potentially obtaining compensation for the retailer’s unlawful actions.

Spodek Law Group is selective about the cases it takes, on the view that a firm should only take a client it can actually help.

How do police and prosecutors turn a Herald Square detention into a larceny case?

As previously noted, if store personnel or an under cover agent contacted the police, then the next step may be a desk appearance ticket (DAT). Failing to appear for a DAT can trigger a bench warrant, which increases the risk of jail time and may lead to a shoplifting allegation being filed. The process for shoplifting allegations in New York is complex, and it begins with an investigation by police before a formal criminal complaint is filed.

How the Prosecution Case Builds

Depending on the circumstances involved, the prosecution may target a variety of shoplifting-related charges, and it may build its case based on a variety of factors, including:

1. Store Merchandise Valuation

For example, the value of the merchandise involved can play a role in the nature of the criminal complaint. If the merchandise is valued at less than $1,000, then it will generally fall into the territory of petit larceny under New York Penal Law section 155.25. If the merchandise value exceeds $1,000, then grand larceny in the fourth degree under New York Penal Law section 155.30 may be the result. In either case, the defense should examine any evidence of the alleged crime, including surveillance footage, loss-prevention reports, the accused’s clothing, or the accused’s manner of handling the property, to demonstrate its inaccuracies.

2. Concealment and Other Types of Misconduct

Other types of misconduct can also be used by the prosecution to secure a criminal conviction. For example, this includes:

• Concealment inside the store
• Switching tags or altering labels
• Use of other means to attempt a shoplifting theft

3. Other Factors

Other factors can also lead to a shoplifting allegation at Macy’s. However, the specific and applicable factors in each situation are unique to the individual and the circumstances of the situation. If you are facing a criminal prosecution at Macy’s Herald Square in New York, get experienced legal counsel immediately to protect your rights.

What can Macy’s seek separately from criminal court after an allegation?

As mentioned, Macy’s security personnel may not contact the police in some shoplifting cases. However, if the store’s loss prevention personnel release a suspected shoplifter, this does not necessarily mean that no further actions can be taken. For example, the release of the suspected shoplifter does not preclude the possibility of criminal charges; nor does it stop Macy’s from pursuing civil recovery efforts separately from any criminal matter.

Under General Obligations Law section 11-105, Under General Obligations Law section 11-105, an adult or emancipated minor who commits larceny against a mercantile establishment may be civilly liable for the retail price of merchandise not recovered in merchantable condition, up to $1,500, plus a penalty not exceeding the greater of five times the retail price or $75, subject to a $500 cap. This is known as civil recovery and is generally independent of any criminal proceedings.

Civil recovery efforts may be pursued at the store level and may also lead to additional civil or criminal prosecution. If Macy’s security personnel release a suspected shoplifter without contacting the police, you should talk to an attorney to understand your potential liability. This is because, even if there are no immediate consequences, you may still be at risk for a variety of grounds. It is important to protect yourself when facing civil recovery demands and any other potential liabilities.

While it may seem less serious than facing criminal prosecution, civil recovery can still lead to significant financial losses. The amount demanded may include the retail price of merchandise not recovered in merchantable condition, subject to a $1,500 limit, plus a penalty based on the greater of five times the retail price or $75, subject to a $500 cap. Depending on the circumstances, the amount requested can also be influenced by any other factors.

Because these claims are independent of any criminal case, a dismissal of the shoplifting case in criminal court may not necessarily end the civil recovery demand. For this reason, it is important to discuss with an experienced defense attorney how the criminal and civil processes may interact.

Speak With Counsel Before You Answer Anything

If agents have contacted you, the order matters: counsel first, answers second. Spodek Law Group has been practicing since 1976 and defends federal matters nationwide, coast to coast, from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028.