Shoplifting can be a misdemeanor. It is more common when the victim is younger than 18. A parent or guardian may then handle the remedy requested by the shop owners. The individual will need to have a criminal defense lawyer if they are facing criminal charges.
What happens when you go to court for shoplifting? As much as possible, you should retain a private attorney to defend and protect you at all court hearings. A retail fraud case will typically include arraignment. Your future and freedom are at risk. Don’t give your fate away to the lowest bidder.
Shoplifting Incident
If someone takes something of worth from a shop and is caught red-handed or on surveillance, it could lead to serious consequences. This could lead to misdemeanor accusations that could lead you to a conviction. To have any chance of refuting the charge or to present compelling reasons that the courtroom could reduce the sentence or find the accused not guilty, it is essential to hire a lawyer before the matter comes to a conclusion. The shoplifter may also be sued by the owner of that company.
Shoplifting Defense Based On The Elements
Before the legal defense team can begin, it is necessary to confirm that the two elements of a crime exist. This defense requires that the legal teams challenge all evidence and poke holes at the prosecution’s arguments. The first element refers to the intentional concealment and/or intentional possession of an item not yet purchased. The second element is permanent deprivation from the owner of the item, but without making payment for the valuable product. The intent is the primary concern in these cases. The intent is the most important element in these crimes. If the defendant doesn’t intend to accomplish either element, the case against them will be stronger.
Shoplifting Is All About The Key Element
The prosecution must prove that there was intent to conceal or accomplish the purchase of the store. This key detail is dependent on the evidence of intent. Even if someone attempts to put on jewelry or conceals something, having it or being in possession of it could be accidental. Intention alone may not result in a conviction.
Witness Testimony
A defense against shoplifting can be made by disproving the credibility of the eyewitness who saw the right person. The defense of mistaken identity can be used against multiple charges. The lawyer will question the witness in an attempt to find out as much detail as possible.
The Accident
In order to prove intent and actual need, the shop owner may need proof that they have the full intention to steal the clothing. Some shoplifters are not motivated by the fact that they have tried on many different items in one go. This is more frequent than usual. The customer may try on multiple shirts and different styles of pants.
Stealing Is The Intent
The last common defense against theft is that there was not an actual intent to steal. While the shopkeeper may only need to admit intent to conceal facing the charges, the conviction might not stand if there was no intention of actually stealing the item.
Shoplifting Charges And Legal Defense
The misdemeanor defense lawyer may be able to present a strong defense strategy for the accused. Depending upon the evidence, the lawyer might argue that one or more elements are missing and present a case to support this claim. It is possible to plead guilty for the first time.