Many people are arrested for shoplifting as soon as they step out of a business. Police officers or security professionals are right there, waiting to question them about what happened. Other times, the people accused of shoplifting never actually make it out of the store.
Loss prevention specialists or supervisors stop them while they are still inside the business and then accuse them of planning to steal something. Can prosecutors bring a shoplifting charge against a retail customer who never actually left the business without paying for merchandise?
Contrary to what many people assume, the store claiming that there was an attempt to shoplift and the prosecutor handling the criminal case do not need proof that an individual actually took merchandise out of the store. State statutes have a relatively broad definition of shoplifting.
Concealing merchandise can result in a criminal charge
Any attempt to conceal merchandise while in a store, such as putting an object inside another item’s box or slipping merchandise into a coat pocket, can constitute shoplifting. If workers witness attempts to hide merchandise or security cameras capture movements that appear to be attempts to hide items not yet purchased, then the person accused of hiding those items could be at risk of a shoplifting charge.
Anyone accused of shoplifting or a similar theft offense are wise to have legal guidance as they prepare to respond to those charges in court. Providing an alternate explanation for behavior that looked like shoplifting can be a reasonable strategy in some cases. Defendants often need insight into the law and support while reviewing the state’s case to minimize their risk of a criminal conviction when facing a shoplifting charge.