How to Get Shoplifting Charges Dropped

The idea behind shoplifting is intent—the intent to take items without paying for them without an owner’s consent. Many shoplifting charges are wrongful or stem from violations of constitutional rights, and these charges can often be dropped with help from a criminal defense lawyer.

Always ask a shoplifting defense lawyer who handles shoplifting cases for help. The last thing you want is to let a wrongful conviction impact your livelihood and relationships.

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Petty Theft vs. Shoplifting

At the baseline of a theft charge is the crime of petty theft, often defined by a dollar threshold. This line separates minor infractions from weightier crimes that involve more valuable items. Petty theft involves stealing someone’s property outside of a store, and shoplifting, when charged as a misdemeanor, can be likened to this type of theft.

To prove petty theft, the prosecutor must show the victim did not agree with the activity and that the defendant intended to steal the item permanently. The victim’s item was a possession.

If the items taken are worth a low dollar amount, the prosecutor must show, as in a crime of petty theft, that the defendant intended to take them permanently and did not plan to pay for them.

A lipstick pocketed, a gadget concealed—such acts can lead to shoplifting charges that may be dismissed if the shoplifter is a first-time offender.

Grand Theft Crimes vs. Shoplifting

If you cross the monetary Rubicon, you may enter grand theft territory. As the name suggests, the stakes are quite high, and the consequences are more severe. Items of substantial value may result in a sizable loss for the victim and escalate a crime of theft from a misdemeanor to a felony.

This is no small matter for the accused. In some cases, an accused person can spend five or more years in prison if the amount stolen is substantially valuable.

Shoplifting Defenses

Your criminal defense lawyer may try to get your shoplifting charges reduced or dismissed with the following defenses.

The Defendant Did Not Intend to Steal the Merchandise

A strong accusation of shoplifting involves intent. Therefore, the prosecution must prove you committed the crime on purpose. When you’re shopping, you might take something accidentally.

For example, if a parent is trying to manage two or three kids in the grocery, they may pocket an item if they have to run after a toddler. When they check out, they may forget the pocketed item and walk out.

However, shoplifting implies that a defendant did not intend to return a product in a store. Let’s look at the following example:

A shopper places a six-pack of soda on the bottom of their shopping cart. They forget to add the item to the conveyor belt. They realize their mistake after reaching their car and putting groceries in their trunk. They intended to return the soda, but a security officer accused them with shoplifting before they could do so.

An Item is Concealed Accidentally

In some cases, shoppers may place an item in their pocket or shopping bag without thinking. A criminal defense lawyer may get your case dismissed if you absent-mindedly concealed an item but did not mean to do so. This is especially true if the value of the item is, say, about $5.00 to $10.00.

A Defective Self-Checkout Machine

Sometimes, if a customer goes to the self-checkout, items are accidentally scanned incorrectly. If this happens, the customer has no intent to steal the items that were not scanned properly.

An incorrect scan can happen if the item on the register is incorrectly priced or the barcode on the item does not correspond with the retail price on the U-scan. If you do not have a prior arrest record, your criminal defense lawyer may have your case dismissed in this type of instance.

Challenging the Evidence

Dismantling the case against you begins with challenging the evidence. Surveillance footage, eyewitness testimony, and how evidence is gathered can all be scrutinized to defend your case. If cracks emerge in the prosecution’s case—if doubt blooms—it can erode a charge’s foundation.

Demonstrating a Lack of Intent

To shoplift is to knowingly steal. If intent can be disputed—if an attorney can convincingly claim that an item was taken by mistake, then the charges may crumble under the weight of reasonable doubt.

Negotiating for Lesser Charges

Admitting to a lesser charge can be a calculated retreat to avoid the full brunt of the law. With a capable legal advocate at your side, a negotiation can temper the situation and lead to a reduced charge. Sometimes agreeing to pay restitution or returning the items stolen can lead to reduced charges.

If your attorney plea bargains a charge of shoplifting, the prosecutor may reduce the charge in return for a guilty plea.

Diversion Programs

Diversion programs represent the olive branch of the criminal justice system. For a first-time shoplifting charge, first-time offenders may, through their criminal defense attorney, agree to community service or probation.

Legal Irregularities

Every so often, the legal script has its irregularities. If protocols were breached during an arrest or investigation, or rights violated, they may offer a path to a dismissal.

Contact a Criminal Defense Attorney About Your Shoplifting Charge Today

When you are charged with shoplifting, you need to speak with a Clifton criminal defense attorney Talk over your situation, so they can resolve the situation fairly and equitably. By retaining legal counsel, you’ll experience better results and have the guidance you need to get through the legal process successfully.