One aspect of the defense may revolve around whether you had requisite intent to shoplift. For instance, if you simply placed an item in your purse accidentally as you were taking care of your child or answering a phone call, your attorney may effectively assert that you had no intention of taking the item out of the store without paying.
Other circumstances or conditions, such as age, illness, medications, or illness may cause you to forget about an item in your cart, basket, etc. Proving one of these factors can improve your case against your shoplifting charge. Under certain circumstances, if you have been wrongly accused of shoplifting you may exercise the option to file a civil lawsuit for malicious prosecution.
In order to achieve success pursuing compensation with your lawsuit, you must:. Shoplifting convictions come with various types of criminal penalties. An experienced Bowie criminal defense lawyer can review the evidence in your case and do everything possible to eliminate or minimize a negative outcome on your behalf. If you are facing a shoplifting charge, we are here to defend your rights and seek the best result possible on your behalf.
To arrange a free consultation at one of our offices in Bowie or Crofton to discuss your situation, call Carey Law Office today at Since that day, the firm has helped people throughout the state get their lives back on track. Learn More. Real life case of legal bullying Crystal Thompson, 43, was home watching a parade on TV when her world suddenly turned upside down. Fighting against false shoplifting charges in Maryland In , Maryland began to address these issues with revisions to its shoplifting statutes.
In order to achieve success pursuing compensation with your lawsuit, you must: Plead not guilty Be wrongfully accused of the crime Have the charges against you dismissed or be acquitted of the offense in court Shoplifting convictions come with various types of criminal penalties. Testimonials div. Even though I was scared, had never been in trouble before, and had a lot of questions, everyone was as nice and sweet as they could be — I loved everybody.
If a store employee has reason to think that you are shoplifting, they can detain you for questioning and to call the authorities. If the store employee violates the conditions of this privilege, they can be held liable. It may be a situation where a store employee mistakenly accuses you of shoplifting, or where you simply forgot to pay for something on the bottom of your shopping cart. In those instances, calmly try to communicate the mistake and if necessary pay for the item you honestly forgot.
If you have, in fact, stolen an item from the store, then you already know what the outcome of a search will be. This is exactly why consenting to a search will quickly turn into an admission of guilt.
A policewoman did then make inquiries at the newsagents and he was released. Only after he wrote about the incident in a national newspaper did Somerfield even send a letter of apology. The company has not, though, offered any compensation.
Indeed, the store has suggested that being involved in incidents like this is a price that people should be willing to pay to help support the fight against shoplifting.
That, though, is not the view the law takes. Any one making a "citizen's arrest", which is what Somerfield did, has to get it absolutely right.
Even making a reasonable mistake about someone's guilt does not provide an excuse if a person is wrongly arrested - or falsely imprisoned, as it is legally known. In the wife of the manager of WH Smiths at Kings Cross, John Walters, was found to be selling newspapers from her own newsstand in Staines that had been taken from that branch of WH Smiths without payment. The company's management arrested Walters at work. At trial the jury accepted he was not guilty of theft as he had intended paying for the newspapers.
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