QUESTION
What is my legal defense against shoplifting charges?
Asked on Jan 25th, 2012 on Criminal Law - New York
More details to this question:
I was arrested for shoplifting in a supermarket. The guard did not see me put the items in my bag but he stopped me at the exit when he saw I had a full bag. The items came out to about to $40. Is there any way to fight this in court seeing as how the guard did not see me place the items in my bag and if not, what can I expect at my court date?
4 ANSWERS
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Its tough to fight but you may not need to. A good criminal defense attorney can resolve this in a way that won't hurt you.
Answered on Jun 20th, 2013 at 12:52 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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A lot depends on what the prosecutor thinks and you past criminal history, including any juvenile charges. You might get lucky and walk away without a criminal charge.
Answered on Feb 15th, 2012 at 8:26 PM
Bruce Arthur Plesser
The store employee is not under the same legal restraints as police. He can detain you for reasonable amount of time. Once he finds items he can call police. Your prior record will determine the outcome. Worst case scenario is plead guilty to misdemeanour and 6 month probation, fine, court costs.
Answered on Feb 15th, 2012 at 3:50 PM
Criminal Defense Attorney serving New York, NY
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Raiser & Kenniff, PC
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You should contact an attorney and not make public statements on this forum regarding the facts of the case since they could theoretically be used against you. That being said if you had the items and no proof they were paid for the security guard would not have to actually see you place them in your bag. However, a $40 theft if it is your first offense will likely be dismissed with an Adjournment in Contemplation of Dismissal (ACD).
Answered on Feb 15th, 2012 at 3:22 PM