Having a great criminal defense attorney can help you to avoid some of the heavier penalties of a shoplifting charge. In some cases, a lawyer can also get the charge completely dropped. Here are some of the tactics that criminal defense attorneys can employ to help you avoid shoplifting penalties.
Talk With the Shop Directly
Sometimes it helps to have a third party (your lawyer) act as an advocate for you and talk to the shop owner directly. Since they are more removed from the situation, they might be able to have a reasonable and calm discussion with the shop owner to see what kinds of reparation can be made outside of court. Talking face to face with the shop owner might not be as successful, because there is often anger on one or both sides towards the other party.
Argue that the Item Wasn't Intentionally Concealed
If the case still goes to court, you have a few potential defenses. The first is to argue that you didn't intend to steal the item. Sometimes you may be arrested for shoplifting after security cameras catch you concealing an item, but what looks suspicious on tape may actually be backed up with a good reason. Intention is the main factor that a judge will consider when looking at your shoplifting case.
Argue That You Intended to Return the Item
Another way to cast doubt that you intended to shoplift is to argue that you shoplifted by mistake and intended to return your item. Sometimes the judge has to take you on your word for this, but other times you might have mentioned what happened to a witness who can testify that you intended to return to the store.
Take a Second Look at Witnesses
Your criminal lawyer may also want to take a look at witnesses' credibility. If the shop puts up certain witnesses that have a negative personal relationship with you, they may be motivated to provide evidence against you even when it's biased. They may also be compensated or motivated financially to testify against you.
Make a Plea
Finally, when all else fails, your criminal defense attorney may advise you to make a plea deal to reduce your penalties. They may ask to have the arrest taken off your record or reduce the penalties from a felony to a heavy fine. In short, the penalties of a shoplifting charge are often not set in stone, and a lawyer can advise you on how to take full advantage of this.
For more information, contact local professionals like Jeffrey Wiggs, Law P.A.
