Laws have made it easy for retailers to pursue alleged shoplifters in this manner. However in the process, a great injustice is being done. In , Maryland began to address these issues with revisions to its shoplifting statutes. The state now requires retailers to report the number of collection letters they send out to alleged shoplifters.
Whether retailers are complying with the new requirements, however, is uncertain. Being the subject of a false criminal allegation such as shoplifting can be unnerving and confusing.
You may simply not know how to fight back against the accusations of security personnel or store manager when you are innocent. An experienced criminal defense attorney can mount a strong defense on your behalf against shoplifting charges in a variety of ways.
One aspect of the defense may revolve around whether you had requisite intent to shoplift. For instance, if you simply placed an item in your purse accidentally as you were taking care of your child or answering a phone call, your attorney may effectively assert that you had no intention of taking the item out of the store without paying. Other circumstances or conditions, such as age, illness, medications, or illness may cause you to forget about an item in your cart, basket, etc.
Proving one of these factors can improve your case against your shoplifting charge. Under certain circumstances, if you have been wrongly accused of shoplifting you may exercise the option to file a civil lawsuit for malicious prosecution.
In order to achieve success pursuing compensation with your lawsuit, you must:. Shoplifting convictions come with various types of criminal penalties. An experienced Bowie criminal defense lawyer can review the evidence in your case and do everything possible to eliminate or minimize a negative outcome on your behalf.
If you are facing a shoplifting charge, we are here to defend your rights and seek the best result possible on your behalf. After paying for the groceries he was buying from the store he was accosted by two uniformed employees who accused him of stealing the newspapers. They claimed to have video evidence to support their accusation and made it clear that they would not allow him to leave the store.
When they all looked at the video it turned out to feature someone who was clearly not Mr Blacker. Instead of releasing him after seeing this, the staff continued to detain him.
The police were called. A policewoman did then make inquiries at the newsagents and he was released. Only after he wrote about the incident in a national newspaper did Somerfield even send a letter of apology.
The company has not, though, offered any compensation. Indeed, the store has suggested that being involved in incidents like this is a price that people should be willing to pay to help support the fight against shoplifting. That, though, is not the view the law takes. After you say this, the police questioning should cease. The store owner or manager must have probable cause for detaining the suspect. They may only detain the alleged shoplifter for a reasonable amount of time.
Shopkeepers have to be careful in exercising the privilege so that they avoid the alleged shoplifter claiming that they were falsely arrested or imprisoned. Mistakes happen on both sides of the register.
A store owner or manager could have made an honest mistake and thought they witnessed shoplifting. If you have a receipt or other evidence available, show it to the manager.
Hire an experienced shoplifting defense lawyer. If you are accused of shoplifting in New Jersey, an experienced criminal defense attorney will explain the charges and potential penalties you are facing. An attorney will ensure you fully understand the evidence the prosecution needs to prove for a conviction. In addition to informing you of everything relevant to your case, a criminal defense attorney will work to have the charges against you dismissed or reduced.
A lawyer can also represent you in court if the case does not settle before trial. A skilled trial lawyer will know how to build a strong case and what it takes to sway a jury in your favor.
A qualified New Jersey criminal defense lawyer will also dive into the details of the shoplifting case to ensure none of your rights were violated. For example, if the police perform searches or seizures without probable cause, this is unconstitutional, and your case could be dismissed. Contact a New Jersey Shoplifting Defense Attorney If you are facing shoplifting charges in New Jersey, never assume the jury will rule against you and lose hope.
You are innocent until proven guilty. You have the right to retain an experienced New Jersey shoplifting defense lawyer.
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