Shoplifting defenses are similar to burglary and theft in that it must be shown that you intended to keep the item once and for all. In this setting both the accused and the merchant have explicit rights that may affect the case going forward.
First of all, the charges that authorities levy alter according to whether the situation was premeditated. If it appears that your goal was purloining and the burglary was planned before entering the store, this is considered burglary instead of theft/shoplifting. It is very hard for a prosecutor to prove established desire unless there's mitigating proof (like a floor layout found on the accused). These are the sort of evidence that your defense attorney will wish to examine in detail, trying to find reasonable doubt.
One place that a lawyer may begin their efforts is with store photographs and eye witness statements. If the store footage isn’t clear or the witness statements conflict, this could bring doubt to bare that may minimally reduce charges or get a case dismissed.
One area in which shoplifting gets grey is the ‘citizen’s arrest. ‘ A private person is not always constrained to the same arrest process as are police. Nevertheless, a private citizen can catch somebody suspected of shoplifting without probable cause. Even allowing for that this does not give the individual free reign. They cannot, as an example, peer into a person's changing room to work out if a burglary is happening. In fact that would put them into legal difficulty themselves. If the detainer breaks any laws chasing a suspected thief (like exorbitant force) this creates a defense advantage the attorney can employ to negotiate for you.
There are more unique eventualities that come into null, such as a teenager whose friends pilfer something but he or she didn't participate or know. This could be difficult to prove with the single exception of camera evidence and or the cooperation of any of the other people likewise charged. There’s also the eventuality where you bring something into a store from home that a guard mistakes for a burglary. In this scenario just getting the bill or somebody to collaborate your acquisition may clear matters up quickly.
If it turns out that the ins and outs of the case add up against you, at that juncture it is the defense attorney’s job to seek choices. They might get the sentence reduced to misdemeanor burglary or deferred entry of judgment. Irrespective of everything else , it’s in your own interest to put a good foot forward and work as cooperatively as possible with your counsel.
This text is for informational uses only. You should usually check with your attorney before proceeding to make any legal choices. The Mays Legal Firm isn't liable for action taken based on information in this piece.