What can I do if my husband was falsely accused of stealing?

Question

My husband was shopping for a birthday gift for me last night and while shopping, he was falsely accused of stealing and then arrested and later released. We were told he was being charged. How do we clear his name and get the charges dropped?

Jacob P. Sartz · Answer

I'd recommend your husband retain a lawyer and fight the charges. He is presumed innocent until proven guilty beyond a reasonable doubt. He has a right to council.

Gregory Casale · Answer

The best thing you can do is hire a good defense attorney who practices in the court where your husband is summoned to appear. The lawyer should know what to do.

Michael J. Breczinski · Answer

You will have to get a lawyer and fight the case. The lawyer would want to see the police and store reports to find out why they thought he was stealing. The attorney will want to talk with your husband and anyone who was with him to find out what they say happened.

Philip Hache · Answer

You should speak to a criminal defense attorney about the details of the case in  more detail as there are many factors that come into consideration, including, what store, where was he when arrested (inside the store, outside the store), did he make any purchases at all prior to leaving the store (if in fact he did leave before getting stopped), etc.

James H. Dippery · Answer

Show up in court on the date scheduled with an attorney if you can hire one. If not, show up in court and ask for the Public Defender to be appointed. Work closely with your attorney. Best wishes to you both.

Eric Sterkenburg · Answer

If he is accused of shoplifting he is early in the process. Before he is charged the District Attorney will look at the report. If the District Attorneys office does not believe that a case can be made on the evidence in the report they will not file a case. If a case is filed then you need an attorney and you need not to talk with anyone about the facts of the case without your attorney present.

Stacey Selleck · Answer

You need to determine what the probable cause was to arrest your husband and charge him of this crime.  Did they find any property on him?  Did he accidentally attempt to leave the store without purchasing the item?  Did he conceal something while he was still in the store?  I would suggest contacting an attorney to appear with him at court in order to determine the best way about defending your husband and or getting the charges dismissed.

Ronnie Vargas · Answer

If your husband is charged and he is arguing his innocence he needs to fight the matter, preferably with an attorney. If he is not charged then there is nothing on his record.

Steven D. Dunnings · Answer

You can't get it dropped. The decision is up to the prosecuting attorney.

Craig Elhart · Answer

Your husband should retain an attorney to assist him immediately.  It may be necessary to take the matter to a trial and he will be at a great disadvantage without the help of an attorney.

James Schoenberger · Answer

You will have to wait until, or if, he is ultimately charged. If charged you will know what the charge is and be able to defend against it.

George Woodworth · Answer

Well, the best thing you can do for him is to get an experienced criminal defense Attorney to represent him on these charges.  Such an Attorney can have this arrest and prosecution properly investigated, and then analyse the problem, and prepare his best possible defense.  Don't go it alone.  You wouldn't do your own appendix operation.

Daniel Kiss · Answer

Consult an attorney immediately. You need someone to review the evidence, advocate on your husband's behalf and defend him at trial, if it gets that far. If there's evidence that clears your husband - or at least puts the prosecutor's case in doubt, like store video that shows no theft - a lawyer can subpoena that evidence and present it before things go much further. If there's no evidence that clears him right away, you will still need a lawyer in your corner to fight the case at trial.

Mark R. Thiessen · Answer

You all can't by yourself.  You need to hire the best theft attorney you can afford and fight it with all you got.  Theft is very serious, as it is a crime of moral turpitude.  A theft conviction could prohibit him from ever being hired again.

Joseph Dane · Answer

The police and the prosecutor think there's something to the case, so the bottom line is that he will need an attorney to fight to defend him in court.  The prosecution must prove beyond a reasonable doubt that your husband took property with the specific intent to steal.  If there was a misunderstanding or a mistake or other reason he was falsely accused, the best you can do is to get an attorney on board as quickly as possible to begin the defense of your husband.  There may be investigation that can be done, even before the first court date.  Look for an attorney that practices exclusively criminal law, has trial experience and who routinely practices in the court where your husband's case will be heard.    Don't rush to just get any attorney.  Find a good one - make sure you're hiring the person that will actually be in court, not just some name on the door that will send a junior associate who has 2 years experience.

Jeff Yeh · Answer

The first step is to hire a lawyer, and preferably soon before he talks to the wrong people and incriminates himself further, or by signing something he shouldn't be signing. Don't try beating a theft charge by yourself, it never works. And theft is a crime of moral turpitude, so having it means you can pretty much forget about obtaining any kind of meaningful employment for the next decade.

Jonathan Baner · Answer

Be careful about what you do next.  In minor shoplifting cases if you pay for what was stolen it is plausible to get the charges dropped (referred to as a compromise of misdemeanor).  This requires cooperation of the victim, and paying.  The be VERY careful part comes in when you go admitting fault / liability / guilt.  The short of it is really: if you can afford an attorney then hire one (such as me or someone closer to you, or an attorney you have, the choices are limitless), but if not you probably will want to wait and see if charges are filed and if you can get an attorney appointed to represent you.  The above are VERY generalized statements.  The specifics of your case may require quite different responses.  What I stated is a very general statement of the situation, and I really do wish you the best on it.

Kevin Michael Smith · Answer

You will need to hire an attorney who has experience defending larceny and shoplifting charges. Investigation will need to be done in order to obtain any existing surveillance footage, and then a motion to dismiss would need to be researched, drafted, filed and argued. If your husband has no prior record, and/or there is affirmative evidence of his innocence, it may be able to be resolved more easily.

Kevin Ellmann · Answer

There is certainly not enough information in your question to tell you HOW to get the charges dropped, but I would suggest seeking the advice of a qualified attorney who can outline a defense, negotiate with the prosecutor for a dismissal, and if that fails, represent your husband at trial and hold the prosecution to their burden of proving the theft beyond a reasonable doubt.

Craig Orent · Answer

If he has been charged with a crime, the only thing that he can do is contest the allegations. He should have an attorney to assist him; he should not represent himself. An attorney will review the reports, allegations, do interviews, and advocate on his behalf.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What can I do if my husband was falsely accused of stealing?

20 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer