Shoplifting is a common problem that all sizes of stores face. It involves concealing or taking items without paying for them, which can lead to significant financial losses for businesses. Data says that 74.1% of retailers report increases in external theft and 56.9% of retailers report increased internal theft over 5 years.
What happens when a shop owner sees a customer attempting to steal an item from their store? What can they legally do to prevent the theft from occurring? Shopkeeper’s privilege is a law that protects store owners. This law is available in Maryland and other states to allow a store owner to detain an alleged shoplifter for a period of time. This allows a shopkeeper to investigate alleged shoplifting. It also gives the store owner a way out of a helpless position and allows some authority to act on their suspicions, even if they end up being wrong.
If you’re involved in shoplifting, it is important to know the right steps to take. By understanding your legal rights, cooperating with authorities, seeking legal representation, building a strong defense strategy, and pursuing alternative resolutions, you may find a path to clearing your name.
By exploring legal strategies, negotiating with prosecutors, and presenting mitigating factors, you can increase the chances of having the charges dismissed or reduced. The following explanation will give you an understanding of how to get shoplifting charges dropped.
Understanding Your Legal Rights
According to shoplifting attorney Christina Rivenbark, finding yourself in a situation in which you have to face shoplifting charges can be minimized if you understand your legal rights in the best manner, as listed below. Regardless, it is better to familiarize yourself with them because it helps you be prepared to take effective actions.
This means that being able to refrain from speaking is one of the rights that you have. This involves law enforcement having to tell you when you are free to talk and they do not get to interrogate you without the presence of your lawyer. This is a right that one should exercise to ensure they do not make any statements that could lead to accusations.
You have a right to receive legal representation, which will help you defend yourself in a court case. You will even be given a lawyer if you cannot afford one on your side of the courtroom. Since hiring an attorney can necessarily help or hurt the outcome and ensure that the client’s rights will be respected through the proceeding,.
Cooperating With Authorities
As suggested, one needs to be truthful when dealing with authorities concerning being a shoplifter to possibly improve his/her legal circumstances. If you ever find yourself in a situation where you are caught shoplifting, it is important to stay calm and follow any instructions given by the police. Overreacting, refusing to cooperate with police, or lying or trying to hide the truth could make the problem worse.
Do not lie, and do not say anything that is false. Submitting to authorities can show a desire to amend the mistake made. It can be helpful when trying to deal with the charges. As it has been pointed out, reasonable cooperation does not equate to confessing one’s crime; it is merely about being polite and obeying certain laws during a case.
Cooperating can be to the benefit of the party in question and can help in establishing a better relationship with the police and ultimately better results in terms of the case. Being honest and cooperative from the beginning is recommended because there are high probabilities that the shoplifting charges will be lowered or completely dismissed.
Seeking Legal Representation
Professional advice should be sought, preferably from a competent attorney specializing in handling shoplifting cases. Whether you lack resources and need to hire a lawyer or you are one yourself, the company you have on your side is instrumental in the resolution of a case. In particular, a competent attorney will examine all the circumstances and conduct an initial analysis, which will indicate your rights and the possible repercussions you may experience.
If you are looking for a lawyer for hire, make sure that the one you choose is well-acquainted with shoplifting defense. They will need specialized legal knowledge to develop formidable strategies that could help you. In some other cases, an attorney can represent you in discussions with the prosecution in a bid to have your charges downgraded or withdrawn.
Building a Strong Defense Strategy
While consulting with a lawyer chosen to work on your shoplifting case, be truthful while stating aspects of the event in question. It will be beneficial for the lawyer to acquire a clear view of the events that have taken place in order to defend your case effectively. The following are relevant tips when making a defense regarding the behavior before, during, and after the event, and any circumstances that can be used as an excuse:
Consult your legal practitioner on the possibilities of what course of action is advisable in defending the case. In doing so, he can gather evidence to support his claim, including witness statements or security footage. They may also help in pointing out how one should conduct oneself while in court and how to handle questioning properly.
Pursuing Alternative Resolutions
Discuss with your lawyer the other possibilities of the cases and the ways that can bring you the desired positive conclusion of your shoplifting charges. Your attorney may recommend that he or she seek a diversion where the accused engages in theft prevention classes or, at times, does community service instead of being brought forward.
These programs not only prove your qualitatively enjoined personality but also show the court that you are trying to sort out things that may have led you to shoplifting.
Another plausible form of outcome could be plea bargaining with the prosecution, where the defendant accepts a lesser charge in exchange for a guilty plea. Your lawyer is in a position to negotiate with the prosecutor to have a chance of reducing the charges or penalty. This could lead to a more lenient attitude towards the suspect or even the dismissal of the case after some conditions are met.
Conclusion
Anyone who is dealing with shoplifting charges has to realize that he or she might have the option of getting them dismissed. It is possible to strive for the best for oneself by knowing the legal rights that one has, liaising with the police, enlisting the help of a lawyer, and devising a powerful and water-tight defense plan.
It is also worthwhile considering such approaches as problem solving or negotiations in an attempt to resolve the situation. Required actions include being in touch with professionals, remaining active and not giving up; this is not an insurmountable issue.
