Getting arrested for shoplifting can be overwhelming, but a criminal conviction is not inevitable. Here are five effective ways to fight a shoplifting case, with insights on how a criminal defense attorney can assist. Contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.
Informal Diversion Programs
An informal diversion program allows you to avoid the criminal court process by completing specific terms such as:
- Performing community service
- Attending rehab or anger management classes
Successful completion usually results in dismissal of charges, leaving no criminal record. Typically, these programs are available for non-violent misdemeanor offenses and individuals with relatively clean records.
Civil Compromise
A civil compromise involves repaying the victim for any losses. In shoplifting cases, this means reimbursing the store owner for the value of the stolen item and the costs associated with loss prevention or security. In return, the store owner agrees not to pursue criminal charges. This approach can effectively resolve the case without further legal proceedings.
No Intent to Steal
One of the core elements of a shoplifting charge is the intent to steal. If you can demonstrate that you had no intent to take the merchandise without paying, you may avoid a conviction. For example, you might have accidentally walked out of the store with the item or picked it up while shopping in another department. Proving lack of intent can lead to dismissal of the charges.
Never Left the Store
If you were stopped while still inside the store, you can argue that you never intended to steal the item. This defense asserts that you did not leave the store premises and planned to pay for the item. Successfully arguing that you never left the store can cast doubt on the accusation of shoplifting.
Surveillance Footage
Surveillance footage can be a powerful tool in defending against shoplifting charges. If the store’s security cameras show that you did not take the item or that you did not conceal it, this evidence can lead to the charges being dropped. Ensuring that the footage supports your version of events is crucial.
Consequences of a Conviction
Even if convicted, first-time shoplifting offenses often carry minimal penalties such as community service, probation, fines, or an online class. In many jurisdictions, it’s possible to get the conviction expunged or sealed from your criminal record within a year, allowing you to move forward without the long-term consequences of a criminal record.
Actions to Avoid When Accused of Shoplifting
If you are stopped and accused of shoplifting, it’s essential to avoid actions that could worsen your situation. Do not argue with store employees, explain your side of the story immediately, sign any documents, or answer questions without consulting a lawyer. Remaining calm and refusing to answer questions until you have legal representation is crucial.
How a Criminal Defense Attorney Can Help
A criminal defense attorney plays an invaluable role in fighting shoplifting charges. They can:
- Communicate with police or store security on your behalf
- Help you enter a diversion program or negotiate a civil compromise
- Prevent you from being jailed
- Attend court hearings on your behalf
- Raise legal defenses and negotiate plea deals
An experienced attorney will work to protect your rights and achieve the best possible outcome for your case.
Take Action Now
If you are facing shoplifting charges, contact Simmons Wagner, LLP at (949) 439-5857 for a free consultation. Our skilled attorneys will evaluate your case and develop a tailored defense strategy to protect your rights and future. With the right legal help, you can effectively challenge these accusations and work towards a favorable resolution.