Caught Shoplifting? 5 Strategies for Fighting The Case

You may have just gotten arrested for shoplifting and are nervous about the consequences. While you may be facing misdemeanor charges, a criminal conviction is not necessarily inevitable.

There are five effective ways to fight a shoplifting case. These are:

1. enter an informal diversion program,
2. agree to a civil compromise,
3. assert that you had no intent to steal,
4. prove that you did not leave a store, and
5. find camera surveillance footage that supports your case.

1. Informal Diversion

A diversion program allows you to avoid the criminal court process by completing certain terms and conditions, such as:

• performing community service hours,
• going to rehab, and
• attending anger management classes.

If you successfully complete these acts, then the prosecutor assigned to your case will dismiss your criminal charges.¹ As a result, no conviction gets placed on your criminal record.

Note that if you fail to complete any required acts, most states say that your shoplifting case will proceed as if you never entered diversion.²

You are usually eligible for a diversion program if you:

1. have a relatively clean record, and
2. you are accused of committing a non-violent misdemeanor offense (which shoplifting is).³

2. Civil Compromise

Depending on the laws of the state in which you were arrested, you can try to handle a shoplifting incident by agreeing to a civil compromise.

A civil compromise is where a shoplifter agrees to repay the victim for any losses. “Victims” in shoplifting cases include store owners. Payment is made for:

• the item you allegedly too, and
• the cost of loss prevention or store security (including security guards).⁴

In return, the store owner agrees not to have the shoplifting case prosecuted.⁵

3. No Intent to Steal

Most jurisdictions say that the crime of shoplifting is where you:

1. willfully take possession of merchandise from a store and
2. do so with the intent to steal the merchandise or convert it to your own without paying for it.⁶

Given the above elements, you can try and fight a shoplifting charge by saying that you had no intent to steal the merchandise in question.

For example, maybe you left a store with certain merchandise on accident.

4. Never Left The Store

If you are caught shoplifting, you can try and fight a charge by showing you never left the store in question.

Sometimes you pick up an item from a store and then continue shopping. Maybe you wander into a different department, or even onto a different store floor.

Sometimes in these cases, a security guard may stop you and accuse you of taking the item in your possession. Though you can always assert that you did not leave the store’s premises and intended to checkout and pay for the item.

5. Surveillance Footage

If you truly did not shoplift an item, you can try to see if a store has surveillance footage or security footage of the area you were shopping in.

If the footage shows that you did not take an item (such as not putting an item in a backpack or pocket), then a prosecutor should dismiss your charges.

Shoplifting is a common example of petit larceny.

What if I get convicted?

Prosecutors know that many of the shoplifting defendants that come across their desk are not bad. You may simply be going through a tough time financially or mentally, and your lives should not be derailed by one non-violent brush with the law.

Therefore in many jurisdictions, a first-time shoplifting offense carries minimal penalties such as community service, probation, fines, an online class, and/or restitution. Plus it is often possible to get the conviction expunged or sealed from your criminal record within a year.

What Not To Do

There are certain actions that you should take, or refrain from taking, if stopped and accused of shoplifting. These are:

• do not argue with store employees,
• avoid explaining your side of the story as you may say something that you later regret,
• do not sign anything, and
• try not to answer any security guard or loss prevention officer questions.

If security or a police officer/police department tries to persuade you into answering questions, just calmly refuse to answer until you consult with a criminal defense lawyer.

Can a criminal defense attorney help?

Defense lawyers and law offices serve an invaluable role if you are facing shoplifting or petty theft charges.

For example, a theft crime or defense attorney can:

• talk to the police or store security on your behalf,
• help you enter into a diversion program or agree to a civil compromise,
• avoid getting placed in jail, and
• attend any court hearings on your behalf.

A defense attorney can also raise a defense on your behalf and negotiate with a prosecutor to possibly reach a plea deal.

Shoplifting convictions can usually be expunged, sealed, or set aside.

Additional Resources

For more information about shoplifting laws and related topics, refer to the following:

1. National Association for Shoplifting Prevention – Provides information on the causes of shoplifting, statistics, and prevention.
2. California Courts – Proposition 47 – Details on Prop 47 reducing some theft crimes from felonies to misdemeanors.
3. Loss Prevention Magazine – Information on retail loss prevention and shoplifting deterrence.
4. What the Panic Over Shoplifting Reveals About American Crime Policy – Article about how legislators are tackling shoplifting problems, by the Marshall Project
5. Cleptomaniacs And Shoplifters Anonymous, LLC (CASA) – Weekly self-help group.