Proving Shoplifting

The Shoplifting Defense

If you have been caught Shoplifting, the charges will most likely be proven by the following means:

1. Store video camera
2. Security staff
3. Loss prevention staff
4. Witness testimony
5. Statements made by the accused

In order for the Prosecutor to establish a solid case for Shoplifting, the following must be proved:

1. The Shoplifter must have been seen approaching the merchandise;
2. The Shoplifter must have selected the merchandise;
3. The Shoplifter must have concealed, carried away, or converted the merchandise;
4. The Shoplifter must have been in continuous observation by the merchant or witness;
5. The Shoplifter must have failed to pay for the merchandise;
6. The Shoplifter must have been approached by the merchant outside the store;

With Shoplifting, the specific intent of the person who committed the crime does not need to be proved. Mental illness, alcohol or drug-related issues, and medication cannot be used as a defense to a Shoplifting charge.

In some cases, with the assistance of an experienced attorney, a Shoplifting charge could be reduced to a Trespass charge or Disturbing the Peace charge if the evidence is weak, there are no witnesses, or video available.

Prosecutors analyze each Shoplifting case individually. The penalties will vary according to the defendant’s prior criminal record, value of goods stolen, and other factors.