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If someone offers to pay for items before exiting the main doors at Walmart, having made a mistake at self checkout and it being Christmas Eve was in a rushed scattered mess can they still arrest for theft? I have bankstatemrns that prove I had funds available at that time. I grabbed the wrong card and they also charged me with failure to identify because my friends name was on it. None of the cameras were working apparently but the one at the self check out. The officer was working an off duty job and his body cam wasn’t on.
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I do not think that story will convince an assistant district attorney reviewing your theft case to dismiss it. Retail thefts typically can be resolved with probation (as long as you are not a habitual offender), so you are probably not looking at any real possibility of jail time. I would need to personally review all of the evidence your attorney has reviewed to advise you on the failure to identify.
If you did not intend to steal anything, don't take a deal and set it for trial. They have to prove intent in order to prove theft. To prove theft they must prove that you had "intent to deprive" the owner of the property. Any facts, circumstances, testimony, or other evidence is considered.
If you decide to set your case for trial, your question really would be one you would want to hyopthetically pose to the jury, asking them if they felt that the story you describe rises to at least reasonable doubt. If that is what you decide to do, make sure you trust your attorney to defend your case at trial.
Good luck.
Answered on Oct 19th, 2021 at 2:53 AM