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Category: Criminal Law
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My daughter who is a senior in college, did something very

Customer Question

My daughter who is a senior in college, did something very stupid. She works in the mall and was off one day and decided to go shopping. However she went into Macy's an decided which was dumb to put a shirt in her bag. Well the botXXXXX XXXXXne is the security officer brought her to the security room and made her sign a paper that she is not to come into Macy's no more in life. He also informed her if he see her in the mall he will arrest her. My question to you is this is her first offense and if she cannot go into the mall she will lose her job that is supporting her college education. Please help!
Submitted: 7 years ago.
Category: Criminal Law
Expert:  insearchoftheanswer replied 7 years ago.

Good morning. You have a bit of an issue here and it depends upon how much you want to push things. The security officer, whether he works for Macy's or the mall, is out of line here. Once the situation with Macy's is concluded....and it apparently has been with Macy's deciding not to press charges....the security officer's job is done. The security officer does not own or control the mall and neither does Macy's. She is not breaking the law if she enters the mall, and unless the owner of the mall tells her she cannot come into the mall, then the security officer certainly doesn't have that authority. All Macy's itself can do is to prevent her from going into Macy's. Finally, security officer's though they can probably make an arrest, do not determine if a charge is going to prosecuted. The prosecutors do that. And, any arrest the security officer makes is not going to be pursued by the prosecutors because she hasn't committed a criminal act by entering the mall. So, if she were to come into the mall to her job, the security officer would not be able to sustain any charge.


Having said all that, these cops are pretty much out of control and authority happy. Although in the end, you would be able to put all this to bed, the security guard could make life pretty miserable. Cops tend to stick together and she could have a target on her back. Eventually, she would get this worked out with the prosecutor's office and the charges would be dropped, but not without a certain amount of emotional and economic distress.


I would recommend you go directly to the folks at Macy's and explain the situation and that your daughter made a bad mistake and she is fully repentent and won't ever do something like that again as she has learned her lesson. And, thank Macy's for not prosecuting and tell Macy's she promises not to come to Macy's again, but that her job is in the mall and she needs her job to pay for her college education. Then, ask Macy's if that can be the end of it. If Macy's is fine with it, then the security officer has no authority.



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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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Customer: replied 7 years ago.

Thank You