It’s possible that you were just detained for shoplifting and are worried about the repercussions. Despite the possibility of minor charges against you, a criminal conviction is not always a given. There are five successful strategies for prosecuting a shoplifting case. Keep reading to learn what they are and contact Simmons Wagner, LLP at (949) 439-5857 to request a consultation with a theft defense attorney.
- Participate in an informal diversion program
- Accept a compromise
- Proving you had no intent to shoplift
- Showing that you never left the store
- Using video evidence
By fulfilling specific requirements you can participate in a diversion program and bypass the criminal court procedure. This could include taking anger management classes, going to treatment, and completing community service.
Your criminal charges will be dropped if you are successful in completing these tasks, according to the prosecutor assigned to your case. As a consequence, there will be no conviction on your criminal record. However, keep in mind that in most jurisdictions, your shoplifting case will continue as if you had never entered diversion if you fail to perform any necessary tasks.
Generally speaking, you qualify for a diversion program if you have a mostly unblemished past yet are charged with a petty non-violent offense (which shoplifting is).
Depending on the state’s laws where you were detained, you may be able to resolve a shoplifting situation amicably by accepting a compromise. When a shoplifter agrees to compensate the victim for any damages, this is known as a civil compromise. In incidents of stealing, store owners are considered “victims.”
Amounts are paid for the expense of loss prevention or shop security, as well as the item you’re accused of stealing. In exchange, the business owner consents not to pursue the shoplifting prosecution.
The majority of jurisdictions define shoplifting as a crime when a person knowingly takes something from a store with the goal of either stealing it or using it without paying for it. Given the aforementioned circumstances, you may attempt to refute a shoplifting accusation by claiming that you didn’t intend to take the allegedly stolen goods. For instance, it’s possible that you accidentally left a store with a specific item.
If you are charged with shoplifting, you might attempt to avoid conviction by proving that you never left the offending store. You may choose an item from a store and then go shopping again. You could find yourself wandering to a different retail floor or section.
In these circumstances, a security guard may occasionally stop you and accuse you of stealing the object you are holding. However, you may always claim that you remained on the store’s property and had every intention of paying for the item at the register.
Check to discover if a business has security or camera footage of the area where you were shopping. A prosecutor should drop your accusations if video proves you did not steal something (for example, by not placing it in a bag or pocket).
Of course, the best way to increase your chance of the best possible outcome is to talk to a criminal defense attorney. Reach out to Simmons Wagner, LLP at (949) 439-5857 now to get started.