Building a Defense For Shoplifting Charges in Baltimore

In order to convict someone of shoplifting in Baltimore, the prosecution has to be able to prove the intent of the individual. It is not enough for someone to incidentally stick something into a bag because they can’t carry it, as there may not have been an intent to deprive as is necessary for a conviction.

With this in mind, there are a number of defenses available for an experienced Baltimore shoplifting lawyer to use. Prosecutors often have difficulty proving the person really intended to take the item and not pay for it, or that it was not an accident.

Potential Defense Strategies

There are a number of potential defense strategies that may be used in a shoplifting case depending on the specific facts and circumstances surrounding the specific offense. One common defense is that of a mistake. Such as if something was buried under a woman’s purse and they forgot to ring it up, it could be argued that that individual made a mistake and was not committing an intentional act of theft.

Another defense available in some cases is arguing how the action happened. Based on the different factors such as if there is a witness, if the video has been preserved, or whether the value of the item taken is in a lower theft category than alleged, the prosecutor will be unable to prove their case.

Steps an Attorney Can Take

The first thing an attorney will do is review all of the charging documents and request discovery information from the prosecutor. Once these initial steps are taken, an attorney will seek to compile as much other information as possible including evidence and witnesses in order to get an idea of what defenses may be available.

Also, unlike normal theft charges where someone may or may not be apprehended at the time, when you are dealing with shoplifting, the person is almost always apprehended while they supposedly caught in the act, and are then held by the store security who start questioning the individual. However, if security does not follow protocol, then any admission or confession that people frequently give can be suppressed.

When to Contact An Attorney

Whether apprehended at the time of the incident or later, those accused of shoplifting need to call immediately for numerous reasons. One is, if they are being held, then an attorney can help them get released. If there is a warrant out for their arrest, an attorney can help get rid of the warrant without being arrested. Additionally, when we deal with shoplifting charges, frequently, there is surveillance footage,  video footage, and other things that is evidence that can be helpful but most stores and locations in my experience do not permanently hold those tapes.