Retail theft is sometimes called shoplifting and can be a misdemeanor or a felony, depending on the item taken. For example, petty theft, which is stealing an item worth less than $300 is a misdemeanor. A value of $300 or more is grand theft which is a felony.

A store owner or employee generally has the right to detain a person they suspect of retail theft to investigate the possible crime. This investigation must take place in a reasonable amount of time. Generally the owner or employee cannot look inside the person’s bag without permission unless they actually saw them steal something, or the item is in plain view. If this is not the case, the store would either have to let the person go or call the police to conduct any further investigation.

The owner or employee cannot loudly accuse the suspect in front of other customers and must not be rude or offensive during questioning. Retail theft  is a serious offense because with each conviction, the crime can escalate up to a third degree felony which is punishable by up to five years in prison and/or a $5,000 fine and probation. If you are arrested, an attorney will be able to explain your options to you.