Been Caught Stealing? A Criminal Defense Attorney Can Help

Jun 30
08:10

2012

Abraham Avotina

Abraham Avotina

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What do you do if you are caught shoplifting by an employee, security guard or (even worse) a security camera? Call a criminal defense attorney ASAP. A legal professional knows the system and can enact a number of defenses to keep you away from jail time or community service.

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Almost 100 percent of all retailers claim to have been the victims of shoplifting at one point or another. With roughly $13 billion in revenue stolen away each year,Been Caught Stealing? A Criminal Defense Attorney Can Help Articles it is no wonder that stores these days are doing all they can to make sure they get paid for what they put on the shelves.

If your sticky fingers get you ensnared by one of the many beefed-up security tactics in which retailers invest these days, a criminal defense attorney can examine the situation and advise you to try one of these tactics to help you in your case:

- Claim Innocence

If you were caught by a security guard or employee without any video evidence, you may be in luck. The security guards, often jokingly referred to as "Rent-A-Cops," are privately employed by the mall or retailer and are not actual law enforcement officers. Therefore, their words carry no more weight than those of the sales employee or even you. So, if it comes down to your word against theirs, you can claim that you walked out with the merchandise accidentally or that you unwittingly threw a small piece of merchandise into your bag to free up your hands while shopping when they saw you.

Even if you admitted to them that you were indeed shoplifting, you may be able to argue in court that they pressured you into falsely admitting guilt. Usually, shoplifters are taken into a back room with the store manager, the witness and possibly even police, and they are not released until they acknowledge their guilt. Even worse, the interrogation can be done at the storefront in order to humiliate you into admitting guilt to get the fiasco over with.

- Claim Kleptomania

Kleptomania is a psychological disorder that finds the kleptomaniac possessed with a compulsive and irrepressible urge to steal things. Many judges don't accept this as a reasonable excuse, because they don't believe it is a real disorder. Many wealthier offenders get off on this defense because their bank accounts can prove they did not steal the items for financial reasons, and they likewise have enough money to hire an expert criminal defense attorney who is good enough to prove this somewhat new defense. If you have already been diagnosed with another impulsive behavioral disorder, such as OCD, you may have a case for kleptomania.

- Strike A Deal

If you were caught stealing beyond any reasonable doubt, a criminal defense attorney may still be able to help you out with a plea bargain or an out-of-court settlement. A plea bargain involves you, under the advice of your criminal defense attorney, pleading guilty to a lesser charge with a lighter punishment. This is often an option for first-time shoplifters who claim they have learned their lesson. Your lawyer may also be able to talk the store into settling outside of court. They agree to drop the charges and file a civil demand that you repay them the damages for however much you stole (and however much more they see fit). However, don't be surprised if you are banned from the store in the future.