Caught Shoplifting? 5 Strategies for Fighting The Case

Shoplifting is undoubtedly one of the most prevalent forms of theft in the country. The laws surrounding shoplifting offenses have evolved, and the crime could attract serious and life-altering consequences, including social ramifications.

When you or a loved one is under arrest as a suspect in a shoplifting case, you need to know what to do to protect your best interests and stand a chance of securing a favorable result. While it can be stressful and emotional to be under arrest on shoplifting allegations, a conviction is not inevitable.

With the legal help of a criminal defense attorney, you can arrange your release process, including posting bail to secure your pretrial freedom without delay. After securing your freedom, you can work with your attorney to prepare and craft legal defenses to challenge the shoplifting allegations you are facing for the best possible outcome, including a charge dismissal or a lighter sentence.

Here are five effective strategies your criminal defense attorney could apply to challenge the alleged shoplifting offense for the best possible outcome:

1. Agree to Enter an Informal Diversion

According to Penal Code (PC) 459.5, it is unlawful to enter a commercial building or establishment with the criminal intent to steal an item worth $950 or below. While it is generally a misdemeanor offense, a PC 459.5 violation conviction can result in a fine of up to $1,000 and a potential jail sentence. Following an arrest for this offense, you can choose to take a plea or proceed to defend your charges at trial.

However, a pretrial diversion can divert you from this process before you even enter a plea of your choice. A pretrial diversion program allows you to avoid going through the criminal court process and avoid possible jail time as long as you complete specific terms and conditions, including:

• Performing community service
• Attending anger management classes
• Going to rehab

When you fail to comply with these terms and conditions, your shoplifting case will proceed as if it had never participated in the diversion program. However, after completing the diversion program successfully, the court will dismiss your case, meaning it will not reflect on your criminal record. That is why most attorneys strive to secure diversion programs in the majority of shoplifting cases they handle.

Depending on the facts of your unique case, your attorney could recommend participating in any of the following diversion programs:

Mental Health Diversion

The mental health diversion program under PC 1001 allows you to seek treatment when you are under arrest for certain qualifying offenses, including shoplifting crimes. You could qualify for a mental health diversion program under PC 1001.36 if your attorney can prove you were diagnosed with a qualifying mental health disorder that could have contributed to the alleged shoplifting offense.

Examples of “qualifying mental disorders” include the following:

• Schizophrenia
• PTSD (post-traumatic stress disorder)
• Schizoaffective disorder
• Bipolar disorder

When the court allows you to engage in mental health diversion, you must comply with all the required conditions for the set duration. Upon successful completion of the mental health diversion, the court will dismiss your shoplifting charges.

Veteran Diversion

Veteran diversion programs are available for current or retired military members with PTSD, traumatic brain injury, sexual trauma, substance abuse problems, or any other service-related health condition. The military or veteran diversion will only last for two (2) years and could require you to comply with specific, strict terms, including:

• Enroll in a drug and alcohol treatment program
• Perform community service
• Repay the businessperson for the stolen items
• Avoid any new arrest

A veteran or military diversion could allow you to receive the necessary rehabilitation services and avoid a detrimental criminal record for a shoplifting offense. However, when you fail to complete your informal diversion program, the prosecutor will resume your prosecution for the underlying shoplifting charge, meaning you will face standard penalties after conviction.

Generally speaking, entering an informal diversion is an excellent way to resolve a shoplifting charge without a conviction, incarceration, or a criminal record, meaning future employment prospects will remain unaffected.

Developmental Disability Diversion

Another pretrial diversion program you may qualify for after an arrest as a suspect in a shoplifting offense is the developmental disability diversion. PC 1001.20 allows defendants with cognitive disabilities to avoid the prosecution process by participating in specific diversion-related treatments and habilitation.

However, not every defendant qualifies for this diversion program following an arrest. To be eligible for this form of informal diversion following an arrest, you must:

• Have specific developmental disabilities described under the Welfare and Institutions Code (WiC) 4512
• Have not participated in any diversion program for the last two (2) years
• Secure court approval

Examples of developmental disabilities that could qualify you or your loved one for this diversion program include (but are not limited to) the following:

• Intellectual disability
• Autism
• Cerebral palsy
• Epilepsy

However, for you to undergo this diversion program under PC 1001.20, the Regional Center must conduct a comprehensive assessment to determine the following:

• Your unique developmental or cognitive disability
• Your ability to participate and comply with the required terms of this diversion
• Whether you pose a threat to public safety

Once approved, you must consent to participate in the program and agree to abide by all the required terms and conditions. Once you complete the specific amount of treatment, counseling, and vocational training at the Region Center, the court will dismiss your shoplifting case.

However, when you fail to participate in the diversion program or breach the court-set terms by committing another offense, the court will dismiss your case, and your arrest for the shoplifting offense will appear as though it never occurred. If you are unsure of your limitations and requirements after securing a diversion program, consulting with your attorney would be wise.

2. Agree to Compensate the Businessperson Via Civil Compromise

Another defense strategy your attorney could try to resolve the alleged shoplifting offense is a civil compromise. You can pursue a civil compromise by appealing to the prosecutor or the victim of the offense (accuser).

Regardless of how you approach civil compromise, you need to handle it delicately and carefully to avoid further complications. An attorney's services are invaluable in this situation.

PC 1378 is the statute that allows civil compromise as a way to resolve a minor criminal case. A civil compromise is an agreement in which you agree to refund the businessperson the money for the losses incurred as a result of the offense. Once you reimburse the businessperson or victim for his/her losses, he/she will appear before a judge where the shoplifting charge is pending and do the following:

• Acknowledge that he/she has received full reimbursement for his/her losses from you or your family members
• State that he/she does not wish to pursue criminal charges for the alleged PC 459.5 violation

At this stage, with the legal assistance of an experienced and aggressive criminal defense attorney, the judge may agree to dismiss the shoplifting charge.

However, it is worth noting that you are only eligible for a civil compromise if the alleged shoplifting offense qualifies as a misdemeanor. Your shoplifting offense could become a felony if the monetary value of the item or merchandise involved exceeds $950 or if you have a previous conviction for any of the following crimes:

• Vehicular manslaughter charges under PC 191.5
• Sex crime involving a minor aged below fourteen years
• A violent or serious felony that is punishable by death or life in prison
• Any sex crime that requires you to register as a sex offender
• Attempted murder, murder, or solicitation under PC 187
• Any crime that involves violence, force, or threats

Also, you will not qualify for civil compromise if any of the following facts are true:

• The shoplifting offense is a violation of a court order (probation terms)
• You committed the offense in a riotous manner
• You committed an offense against an elderly individual

Unfortunately, if you have a conviction record for any of the following offenses, resolving the alleged shoplifting offense through civil compromise is not an option. However, if the shoplifting offense is a misdemeanor, a civil compromise is an option worth considering.

For example, if you are under arrest for allegedly stealing alcohol worth $350, you can enter a civil compromise to resolve your case by agreeing to pay the businessperson the actual cost of the alcohol. Here are the notable advantages of agreeing to a civil compromise when charged with a shoplifting offense under PC 459.5:

• It helps you avoid a criminal record, which could impact several aspects of your life, including securing a professional license or reliable employment
• It is a quick way to resolve the alleged offense instead of going through a jury trial, which could result in a conviction in a worst-case scenario

Nonetheless, pursuing a civil compromise is a wise idea if you are under arrest as a suspect in a shoplifting case, because a conviction for this offense could result in life-changing consequences. While it could seem like a desirable way to resolve your case, you should seek the legal assistance of an attorney before agreeing to the civil compromise.

If you did not commit the offense, agreeing to a civil compromise is not an option you would want to consider when you are under arrest as a suspect in a shoplifting case.

3. You Had No Intent to Steal

One of the most straightforward and reliable legal defenses to a shoplifting charge is arguing that you had no criminal intent to steal. According to PC 459.5, the prosecutor bears the legal burden to provide the court with clear evidence showing you had the intent to steal an item or merchandise when you entered the business or commercial establishment.

If you formed the intent to steal after entering the store, you would not be guilty under this statute. Here are a few examples of evidence the prosecution team could use to prove you had the criminal intent to commit larceny or theft when you entered the commercial establishment:

• Surveillance videos showing your behavior during the act
• Eyewitness testimonies
• Circumstantial evidence, like attempting to remove the price tags or waiting for a perfect opportunity

If the prosecution team does not have enough clear evidence to prove beyond a reasonable doubt that you had the criminal intent to steal, the court will likely dismiss your case. Your attorney can also use surveillance footage and eyewitness testimonies to challenge this crucial element of the crime.

For example, the court could dismiss your case if an eyewitness who is a cashier in the mall or business establishment testifies that he saw you walking out while distracted. Hence, the distraction caused you to walk with the item accidentally without paying for it. If your attorney can prove to the judge that you had no intention to steal the item in question, he/she will likely dismiss your case.

It is also worth noting that the court will not convict you of a shoplifting offense if you formed the intent to steal after entering the business establishment. In this case, the court may agree to dismiss your PC 459.5 charge or reduce it to a lesser offense, including petty theft, which carries less severe penalties.

Having an aggressive and seasoned criminal defense attorney is key if your case reaches the trial stage of the prosecution process, where the outcome of your case is final. A seasoned attorney will know the best approach to challenge the prosecutor's evidence and arguments.

4. You Did Not Leave the Commercial Establishment

You would not be guilty of a shoplifting offense if you did not leave the commercial establishment where you were shopping. If a security officer or any other person stopped you while you were still in the business establishment, arguing that you never left the store would be a reliable legal defense against the shoplifting charge.

For example, if you picked up merchandise from a store and continued shopping on a different floor or in a different department. A security guard could stop you and accuse you of stealing the items you had in your possession.

In that case, your attorney can prepare evidence that can help prove that you never intended to leave the commercial establishment and that you had the intent to pay for the item when checking out. Eyewitness testimonies and video footage of the premises can help strengthen this legal defense, increasing your odds of securing a favorable outcome.

5. Provide Surveillance Footage to Prove Your Innocence

If you know you did not take any item or merchandise from the store, your attorney can help you trace the security footage or surveillance footage of the area where you were shopping. Finding the surveillance footage that can help prove that you did not take any item from the store is key.

If the video footage your attorney provides can clearly prove that you did not put any item in your pocket or backpack, the prosecutor could dismiss your PC 459.5 charge.

The specific defense strategy your attorney will use will depend on the unique circumstances and facts of your shoplifting case. After a thorough investigation of your case, an experienced defense attorney will know the best legal defense approach for your unique case.

Other reliable legal defenses your criminal defense attorney could explore to challenge a shoplifting charge at trial:

• You are a victim of an illegal search and seizure — The Fourth Amendment of the Constitution protects you from unreasonable and warrantless searches. If the police officers arrested you without a court-issued arrest warrant, any evidence they obtained could be inadmissible in court
• You were mistaken about specific vital facts — This legal defense could work in your favor if your attorney can prove that you accidentally walked out of the store without paying, or you thought you had paid
• The prosecutor's evidence against you is insufficient — Remember, for a conviction for any crime, including shoplifting, the prosecutor must prove his/her arguments beyond a reasonable doubt. If the prosecutor's evidence against you is insufficient, the judge may reduce or dismiss your charge.
• Your case has procedural issues —  Even though the prosecutor's case against you seems alright, an aggressive attorney will evaluate it thoroughly for possible procedural issues, including improper witness identification, improper arrest, or mishandled evidence

Find a Criminal Defense Attorney Near Me

If you are under investigation or arrest as a suspect in a shoplifting case, consulting with your attorney is paramount. While you could feel the need to prove your innocence to the accusers or the police officers, you don't need to because you could disclose information that could negatively impact the outcome of your case.

Ensure you consult with an attorney as soon as possible following your arrest as a suspect in a shoplifting case. At Los Angeles Criminal Attorney, we are available 24/7 to ensure you receive immediate legal assistance following an arrest, regardless of the time of day.

We understand how confusing and frustrating it can be for you if you are in jail as a suspect in a crime that could impact your freedom and reputation. We invite you to call us at 424-333-0943 to discuss the details of your case and everything you remember with our profound criminal defense attorneys.