Written by Aaron R. Winston
Last Updated: September 2, 2024 4:49pm CDT
Facing shoplifting charges can be a daunting and worrisome ordeal, but there are several strategies and legal arguments that you can use to get these charges dropped.
Understanding these methods can help you effectively navigate the legal system and increase your chances of a favorable outcome if you are charged with the crime of shoplifting.
In this article, we explain how you can get shoplifting charges dropped, which begins with contacting a defense attorney with experience in defending clients facing retail theft charges.
Can Shoplifting Charges Be Dropped?
Yes, shoplifting charges can be dropped. However, the likelihood of that happening depends on the case.
The first and most crucial step to get a charge for shoplifting dropped is to consult a lawyer specializing in retail theft cases.
Not all types of lawyers have experience fighting shoplifting charges, so finding one who does can make a significant difference in ensuring the optimal outcome of your case.
How to Get Shoplifting Charges Dropped?
Legal strategy-wise, there are three methods you can take to beat shoplifting charges (petty theft/petit larceny) made against you to get them dropped:
- Complete a pretrial diversion or first-time offender program if you have that option available (varies by jurisdiction).
- Agree to accept a plea bargain agreement that includes the charges being dropped.
- Use evidence to prove that you are innocent and did not shoplift.
Diversion Programs
One common strategy is to enter a diversion program. These pretrial programs divert the case away from criminal court and are designed to rehabilitate instead of punish first-time offenders. Eligibility for diversion programs varies among jurisdictions and generally requires:
- A judge’s recommendation
- Approval from the relevant attorney’s office (e.g., the district or state attorney’s office, depending on the state)
- Having little to no prior criminal history
- The value of stolen property must be below a certain amount.
They often involve community service, counseling, or educational courses. Completing a diversion program within the required time period can result in the shoplifting charges being dropped and no conviction on the offender’s record.
Exculpatory Evidence
Your attorney will also look for exculpatory evidence, which is any evidence that can prove your innocence and could include:
- Surveillance camera footage showing someone else stole the item
- Witness statements state you were somewhere else when the shoplifting crime is said to have occurred
- Receipts showing you paid for the items in question and the allegations against you are false
Challenge the Evidence
Lawyers often challenge the evidence presented by the prosecution, which can involve questioning the validity of the evidence, the methods used to obtain it, or the credibility of witnesses. If the evidence is deemed inadmissible, the judge may dismiss the charges.
Statutory Defenses for Shoplifting Charges
Statutory defenses, which are defenses created by statutes, can be used to dispute shoplifting charges (they vary among jurisdictions).
For example, some states have specific laws that protect individuals who unknowingly take items or have a valid reason for having them in their possession.
Lack of Intent
Depending on the circumstances, your lawyer may argue that you did not intend to steal, such as saying you accidentally walked out of the store with an item without paying for it first.
While proving a lack of intent can be challenging, it can be a strong defense strategy, as some jurisdictions define shoplifting as an intentional act.
Example Scenario to Claim Lack of Intent:
You paid at the checkout line at a grocery store but inadvertently did not realize you had a gallon of water located in the bottom section of your shopping cart. On your way out of the store, you are stopped by a loss prevention guard who calls the police.
The explanation of the gallon of water being hidden from your line of sight and the receipt combine to paint a picture of an honest mistake and not one of criminal intent to steal merchandise.
Mistaken Identity
Your attorney could argue mistaken identity if you were wrongly identified as the shoplifter. This defense is particularly effective if little to no evidence links you to the crime.
Example Mistaken Identity Situation for Shoplifting Charges:
You are shopping at a large retail store that was a victim of retail theft earlier in the week, perpetuated by someone who looks similar to you.
While perusing the aisles, the loss prevention officers mistakenly identify you as the shoplifter and detain you before calling the police.
Proving you were not in the store earlier in the week and, therefore, did not shoplift will destroy the prosecutor’s case, leading them to drop the charges against you.
Illegal Detention or Search
Your lawyer can argue that you were illegally stopped and searched as a suspected shoplifter (i.e., cases involving abuse of shopkeeper’s privilege, such as racial profiling).
Consent to Take Item
If you were under the impression that the store owner or their employee gave you permission or consent to take the merchandise without paying, your lawyer may use this as a defense.
Civil Compromise
Some states, such as California, have penal code laws that allow civil compromises. Judges can agree to dismiss the retail theft charges after you reimburse the store you stole from for the financial loss resulting from the shoplifting crime.
Your attorney can advise if a civil compromise is an option.
Character References
Providing character references can also be beneficial. Letters from employers, school teachers, or community leaders attesting to your good character can influence the court to dismiss the case.
Legal Technicalities
Your attorney may look for legal technicalities that could result in the charges being dropped. This could include procedural errors, violations of your rights, or issues with how the evidence was collected.
Procedural errors and mishandling of evidence can protect you from conviction, even when the evidence against you is compelling.
Plea Bargains
In some cases, agreeing to a plea bargain can help you get shoplifting charges dropped. Your attorney can negotiate pretrial with the prosecutor to reduce the charges in exchange for a guilty plea to a lesser offense.
If the evidence against you is strong, your attorney may recommend taking a plea bargain deal, especially in states where the charge will not be permanently on your criminal record (less viable in Texas, where the laws do not permit the expungement of shoplifting convictions).
Criminal prosecutors also like plea bargains as it helps them save time and resources while boosting their conviction rate.
FAQs About How You Can Get Shoplifting Charges Dropped
This section includes some of the most frequently asked questions (and the correct answers) by people facing criminal shoplifting charges.
What should I do immediately after being accused of shoplifting?
If you are accused of shoplifting, remain calm and do not attempt to flee. It is critical to avoid making any statements that could be used against you. Ask to speak with an attorney before answering any questions.
It’s also important to document everything that happens, including the names of any witnesses and the details of the incident.
Can shoplifting charges be expunged from my record?
Yes, shoplifting charges can be expunged from your record in many jurisdictions, especially if it is your first offense.
Expungement laws vary by state, so it’s essential to consult with an expungement attorney who can guide you through the process and determine if you are eligible.
How long does a shoplifting case typically take to resolve?
The duration of a shoplifting case can vary widely depending on the complexity of the case, the court’s schedule, and whether you are entering a diversion program or negotiating a plea bargain.
Most cases can be resolved in a few months or less, while others may take longer.
What are the potential penalties for a shoplifting conviction?
Penalties for a shoplifting conviction can range from fines and community service to probation and jail time, depending on the value of the stolen items and whether it is a first-time or repeat offense.
In some states, like Texas, a shoplifting conviction will result in a permanent conviction on your criminal record, negatively impacting future employment opportunities.
Can I represent myself in a shoplifting case?
While it is possible to represent yourself in a shoplifting case, it is not recommended. Shoplifting laws can be complex, and having an experienced attorney can significantly increase your chances of getting the charges dropped or reduced.
An attorney can also help you safely navigate the legal system and protect your rights.
What is the difference between a felony and a misdemeanor shoplifting charge?
The main difference between a felony and a misdemeanor shoplifting charge is based on the value of the stolen items. Most shoplifting charges are misdemeanors.
If the value of the stolen items exceeds a certain threshold (which varies by state), the charge will be classified as a felony. Felony charges bring more severe penalties, including longer jail sentences and higher fines.
How can I prove that I did not intend to steal the items?
Proving a lack of intent can be difficult for retail theft, but it is possible. Your attorney may present evidence, such as surveillance camera footage showing that you were distracted or that you accidentally walked out of the store with the items.
Witness statements and store receipts can also help prove that you did not intend to shoplift and get charges dropped.
What role does a loss prevention officer play in a shoplifting case?
Retail stores employ loss prevention officers, which are security guards trained to prevent theft, apprehend shoplifters, and collaborate with law enforcement.
Shopkeeper’s privilege rights allow store employees to reasonably detain you to investigate if they suspect you of shoplifting.
However, they must follow specific procedures, and any violation of your rights by a loss prevention officer can be used as a defense in your case.
Can I be charged with shoplifting if I return the stolen items?
Yes, you can still be charged with shoplifting even if you return the stolen items. However, returning the items may be considered a mitigating factor and could result in reduced charges or penalties.
It’s essential to consult with an attorney to understand your options and the best course of action.
What is a civil demand letter, and should I respond to it?
A civil demand letter is a written request from the retailer for payment of a specified amount as compensation for the alleged shoplifting incident and is sent to the person accused of shoplifting.
While it is not a criminal charge, failing to respond to a civil demand letter can result in a civil lawsuit. It’s essential to consult with an attorney before responding to ensure that your rights are protected.
Final Thoughts on Whether and How to Get Shoplifting Charges Dropped
Getting shoplifting charges dropped involves a combination of legal strategies and negotiations. Consulting with a specialized attorney is the first step in understanding your legal options and building a solid defense.
Whether through diversion programs, plea bargains, or challenging the evidence, there are multiple avenues to explore in your quest for a favorable outcome.
For more detailed information and personalized advice, always consult with a licensed attorney who can guide you through the complexities of your specific circumstance.
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About the Author
Aaron Winston is the Strategy Director of Express Legal Funding. As "The Legal Funding Expert," Aaron has more than ten years of experience in the consumer finance industry. Most of which was as a consultant to a top financial advisory firm, managing 400+ million USD in client wealth. He is recognized as an expert author and researcher across multiple SEO industries.
Aaron Winston earned his title "The Legal Funding Expert" through authoritative articles and blog posts about legal funding. He specializes in expert content writing for pre-settlement funding and law firm blogs.
Each month, tens of thousands of web visitors read his articles and posts. Aaron's thoroughly researched guides are among the most-read lawsuit funding articles over the past year.
As Strategy Director of Express Legal Funding, Aaron has devoted thousands of hours to advocating for the consumer. His "it factor" is that he is a tireless and inventive thought leader who has made great strides by conveying his legal knowledge and diverse expertise to the public. More clients and lawyers understand the facts about pre-settlement funding because of Aaron's legal and financial service SEO mastery.
Aaron Winston is the author of A Word For The Wise. A Warning For The Stupid. Canons of Conduct, which is a book in poetry format. It consists of 35 unique canons. The book was published in 2023.
He keeps an academic approach to business that improves the consumer's well-being. In early 2022, Aaron gained the Search Engine Optimization and the Google Ads LinkedIn skills assessment badges. He placed in the top 5% of those who took the SEO skills test assessment.
Aaron's company slogans and lawsuit funding company name are registered trademarks of the United States Patent and Trademark Office. He has gained positive notoriety via interviews and case studies, which are a byproduct of his successes. Aaron R. Winston was featured in a smith.ai interview (2021) and a company growth case study (2022).
In 2023, Aaron and Express Legal Funding received accolades in a leading SEO author case study performed by the leading professionals at WordLift. The in-depth data presented in the pre-settlement funding SEO case study demonstrate why Aaron Winston maintains a high-author E-E-A-T. His original writing and helpful content continue to achieve unprecedented success and stand in their own class.
Aaron was born in Lubbock, TX, where he spent the first eight years of his life. Aaron attended Akiba Academy of Dallas, TX.
