If you have recently become involved in theft charges that involve retail fraud such as shoplifting you will need a criminal lawyer to provide you with the best defense strategies in order to protect your personal rights.
Certain forms of theft offenses are associated with potential prison sentences. Over the years many clients who have become caught up in these crimes have been saved from a lengthy prison terms due to the right defense strategy.
Three examples of defense strategies used in shoplifting cases include:
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Alibi Defense To a Store Theft Charge
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Claim Of Right To The Property
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Lack Of Intent Or A Mistake
The Alibi Defense
A shoplifting charge is often defended with the alibi defense. In these cases, the Prosecutor has to prove the Defendant was present when this crime was committed. It is not the Defendant’s responsibility to prove his or her alibi in order to prove their innocence, but rather the Prosecutor’s role to prove the guilt. If you have been charged with shoplifting, there has to be evidence which proves you were there at the time of the theft. When the Jury has a reasonable doubt on the whereabouts of the Defendant when the theft occurred, they might find the Defendant not guilty.
The Claim Of Right To The Property Defense
To be proven guilty of a charge such as shoplifting, the Defendant must have an intention to steal. Effective strategies used to convince a Jury that a Defendant took property because he or she had what is known as a “claim of right” to it. When the Defendant took property with the honest belief that it was legally theirs, then the Defendant did not have an intention to steal. This can result in a verdict that is not guilty.
The Lack Of Intent Or A Mistake Defense
When it comes to the Retail Fraud, shoplifting cases, some shoppers make the mistake of leaving a store without the knowledge of merchandise which was not actually paid for. An example of this is when there is an item that was left in the shopping cart which went unnoticed by the shopper when they paid. In this case the Defendant did not have an intention to steal the item. When the Defendant’s criminal lawyer is able to convince the Jury that the merchandise was taken by mistake, then in most cases the verdict results in clearing the Defendant of the charges.
The best defense strategy that a criminal lawyer will use in a shoplifting case will be dependent on facts involved in the individual’s case.