Whether it’s a misunderstanding or a mistake, you probably want to know how to get shoplifting charges dropped. The good news? You might have options to fight the charge and even get it dismissed. Getting charged with shoplifting can feel stressful and confusing.
We’ll explain how to beat a shoplifting charge and help you understand your next steps.
Step 1: Understand the Charge
Before figuring out how to fight a shoplifting charge, you need to know what you’re facing. Shoplifting is taking something from a store without paying for it. Even if you didn’t intend to steal, being caught with unpaid items can lead to charges.
The seriousness of the charge depends on the value of the item. For example:
- Petty Theft: Items that cost low are usually under $500 or $1,000.
- Grand Theft: Items that are pricey are most likely to fall into the category of electronics or jewelry.
Each case is unique, but knowing the details of your charge will help you move forward.
Step 2: Hire a Lawyer
If you want to know how to get out of a shoplifting charge, hiring a lawyer is key. A defense attorney knows the law and can guide you through the shoplifting court procedure.
Why hire a lawyer?
- They can review the evidence against you.
- They may find weaknesses in the case, such as lack of proof or procedural errors.
- They know how to get a shoplifting charge dismissed by negotiating or presenting a strong argument.
Even if the charge seems minor, legal advice can make a big difference.
Step 3: Explore Pre-Trial Diversion Programs
Many states have different pre-trial programs for first-time offenders. These programs are a great way to avoid a criminal record and can result in shoplifting prevention.
What’s involved?
- You may need to complete community service, attend counseling, or take a theft prevention class.
- Once you finish the program, the charge could be dropped or dismissed.
Your lawyer can help determine if you qualify for a pre-trial diversion program.
Step 4: Gather Evidence
If you’re wondering how to beat a shoplifting charge, start by gathering evidence.
What kind of evidence?
- Receipts: Show proof that you paid for the items in question.
- Surveillance Footage: Request store footage to see what actually happened.
- Witness Statements: If someone saw the incident and can vouch for your intentions, their testimony can help.
Strong evidence can weaken the prosecution’s case and may even lead to dismissal.
Step 5: Understand the Shoplifting Court Process
Having an understanding of shoplifting court procedures can be intimidating, but it’s important to know what to expect.
- Arraignment: This is your first court appearance. You’ll enter a plea—guilty, not guilty, or no contest.
- Pre-Trial: Your lawyer and the prosecution may discuss deals, such as reduced charges or dismissal in exchange for restitution.
- Trial (if necessary): If no conclusion or agreement is fulfilled you might end up facing a trial. You can ask your lawyer to present solid evidence and argue your case.
Knowing this process can help you feel more prepared and confident.
Step 6: Look for Mistakes in the Case
One of the best ways to fight charges is by finding errors in the case.
Here are a few common mistakes you should avoid.
- False Accusations: If you are wrongfully accused, you can ask your lawyer to help you drop such accusations.
- Improper Search or Detention: Did store staff follow proper procedures when stopping you? If not, the evidence may be thrown out.
- Lack of Evidence: If there’s no clear proof, the case could be dismissed.
A skilled attorney knows how to spot these errors and use them to your advantage.
Step 7: Negotiate a Plea Via A Deal
If there is no positive result of negotiation, a plea deal might be the next best option.
A plea deal means agreeing to a lesser charge or reduced penalty.
For example:
- A shoplifting charge might be reduced to a misdemeanor.
- You could avoid jail time by paying a fine or completing community service.
Step 8: Keep a Clean Record
If this is your first offense, make sure you have a clean record to move forward. Judges are more likely to dismiss charges for individuals who show they’re taking the matter seriously.
Tips for keeping a clean record:
- Avoid any further legal trouble.
- Complete any requirements from the court, such as classes or community service.
- Show remorse and a willingness to make amends.
This can demonstrate to the court that the incident was a one-time mistake.
Final Thoughts
Getting charged with shoplifting can feel overwhelming, but it’s not the end of the world. By following these steps, you can learn how to get shoplifting charges dropped or even dismissed.
Remember, understanding the shoplifting court procedure and working with a lawyer is key to building a strong defense.
Whether it’s your first offense or a misunderstanding, there’s hope for a positive outcome. Stay calm, take action, and focus on moving forward.
FAQs
Can shoplifting charges be dropped without a lawyer?
It’s possible, but having a lawyer improves your chances. They know how to fight a shoplifting charge and navigate the legal system.
How long does a shoplifting case take?
The timeline varies. Some cases resolve quickly through diversion programs, while others may take months if they go to trial.
What should I do if I’m falsely accused?
Gather evidence and contact a lawyer immediately. False accusations can be fought with surveillance footage, receipts, and witness statements.
How to Avoid Future Charges
Once you’ve resolved your case, it’s important to prevent any future issues by learning about Walmart’s loss prevention policy.
It states:
- Always check your cart and pockets before leaving a store.
- Keep receipts to avoid misunderstandings.
- If shopping with friends or family, stay aware of their actions.
Taking these steps can help you avoid another shoplifting charge.
