There are several potential defenses that can be employed by experienced criminal defense lawyers like Barnes & Fersten to protect your rights and fight against shoplifting charges. Some of these defenses include:

• Challenging the intent to deprive: Arguing that the items were taken without the necessary intent to deprive the merchant of the merchandise, such as in cases of accidental non-scanning at self-checkout machines.
• Presenting alternative explanations: Exploring other possible explanations for the presence of the items, such as another person’s ownership or control of the items, which could lead to a dismissal or reduction of charges.
• Questioning the chain of custody and testing of evidence: Ensuring that the evidence against you was properly handled, preserved, and tested. If there were any irregularities, arguing to have the evidence suppressed or charges dropped.
• Negotiating a plea agreement: If appropriate, working with the prosecutor to negotiate a favorable plea agreement that could result in lesser charges or reduced penalties.

Understanding Intent in Shoplifting Cases

In order to secure a conviction for shoplifting, the prosecution must establish that the items were taken with the intent to deprive the merchant of the merchandise. This typically requires proving that the individual physically left the store with the items or was stopped inside the store for clearly concealing items or price-swapping to pay less than the full value of the item.

Proving intent can be a challenging element for the prosecution, and skilled criminal defense lawyers like Barnes & Fersten can often successfully argue that the items were taken without the necessary intent, leading to a dismissal or reduction of charges.

The Role of Surveillance and Body Camera Footage

Surveillance and body camera footage can play a crucial role in shoplifting cases, as it can often provide evidence of the defendant’s actions and intent. The criminal defense lawyers at Barnes & Fersten carefully review all available footage in order to identify any weaknesses in the prosecution’s case and develop a strong defense strategy.

For example, they may argue that the footage shows the defendant accidentally failing to scan an item at a self-checkout machine, which would indicate a lack of intent to deprive the merchant of the merchandise. As technology evolves and self-checkout machines become more prevalent, issues with these machines can lead to unintentional unscanned items and false shoplifting charges.

The Importance of Hiring a Criminal Defense Lawyer

Hiring a knowledgeable and experienced criminal defense lawyer is essential when facing shoplifting charges. A skilled attorney can help you understand the charges against you, navigate the complex legal process, and develop a strong defense strategy tailored to your unique situation. Additionally, a criminal defense lawyer can work on your behalf to negotiate plea agreements, challenge evidence, and argue for reduced charges or dismissal of the case.