QUESTION
Is there a defense against shoplifting if it was accidental?
Asked on Dec 31st, 2012 on Criminal Law - Louisiana
More details to this question:
Is there a way to fight against an "accidental shoplifting" charge? I know the term does not legally exist. My friend was in Belk one day and she was trying on some shoes, typically when she purchases shoes she likes to walk around the store and feel them out. She's 60 years old, not very understanding in the English language at all, and has a slight memory issue (we have no medical records for that, just by experience.) She must have forgotten she had the shoes on and tried on a bracelet too, and continued to walk around in both, forgetting she had them on she attempted to leave and was detained by security. While detained the store manager got her to sign some papers that she didn't explain to my friend what they were at all, she was given the papers and told to sign them with no explanation. My friend couldn't ask what they were because she was told she couldn't speak. This was about 3 weeks ago, today a police officer came and took my friend to the jail station for fingerprints and pictures, we're unsure of what'll happen but she does have a set trial date, also when the police officer came he explained what he was going to do and said he wouldn't handcuff her, but didn't read her her rights. My friend has a clean record, she doesn't even have a speeding ticket, is there any good way to fight this? And should she get a lawyer?
7 ANSWERS
If your friend could persuade a judge or jury that this was an accident, she would be acquitted. I assume she signed a confession, so she would have to deal with that too. However, the state must prove beyond a reasonable doubt that she took the shoes/bracelet with the intent to steal them rather than inadvertently walking out with them. Was there a security camera recording the incident? Was the statement she signed in English and, if so, did they have an interpreter or anyone to translate it for her? These are the kind of things a lawyer would have to investigate. But she should definitely get a lawyer.
Answered on Jan 03rd, 2013 at 2:15 PM
Gary Moore
Yes. It was accidental.
Answered on Jan 03rd, 2013 at 2:15 PM
Police don't have to read your rights unless they intend to interrogate you while in custody. The easiest way to solve this is hire an attorney to represent your friend. The attorney can probably get the charge reduced to "Littering" and your friend will have to pay a fine and court costs but probably won't have to appear in court.
Answered on Dec 31st, 2012 at 5:42 PM
Michael J. Breczinski
Yes she should get a lawyer. If she did not mean to steal anything then that is a defense. The crime of stealing has a element that the prosecutor has to prove and that is intent. You can't accidentally steal. You have to intend to steal. This may take going to trial with witnesses about her forgetfulness. I would also get some witnesses about her lack of under standing proper English.
Answered on Dec 31st, 2012 at 5:41 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She definitely needs an attorney. I had one of these cases a number of years ago where the defendant had epilepsy, and a doctor wrote a letter for her, which helped immensely. Memory issues can negate any criminal intent, and that appears to have happened here.
Answered on Dec 31st, 2012 at 5:39 PM
Dennis P. Mikko
Your friend needs to obtain the assistance of an attorney who can help her through this matter. If she cannot afford an attorney, the court should appoint one for her. After her attorney reviews all of the information, he/she will be in a better position to advise your friend of what course of action would be best.
Answered on Dec 31st, 2012 at 5:39 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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She probably signed the form stating that the store reserves the right to proceed against her for civil damages if the items are damaged etc. they can recover from her. She should get her attorney to explain the error to the prosecutor and thus should be resolved with cooperation.
Answered on Dec 31st, 2012 at 5:38 PM