Richmond Shoplifting Defense Strategies

Every case is different. Things are going to change depending on the factual situation and the store that the items were taken from if the items were actually taken or if this was a concealment case. Generally speaking, especially in shoplifting cases, one wants to challenge that taking. Is this a situation where something was removed all the way from the store? Is this a situation where something was concealed? If it is only a concealment case, then one is looking also at that intent.

Generally speaking, it is anything to dispel the notion of guilt, anything that can show that the client was not intending to take an item or the client made a mistake or that they cannot prove that an item was actually taken, whatever the case may be. A skilled Richmond shoplifting lawyer can help with making the case seem as accidental as possible.

Being Accused

They have to prove each element of the offense. They have to prove the taking or concealing of an item and they have to prove the individual did so with the intent to permanently deprive the store of the item or to defraud the store of the true value of the item.

If there is no intent to deprive the store of the item or there is no intent to steal the item from the store, then an individual cannot be convicted of shoplifting. One is going to definitely look to challenge the intent of the individual, the taking, once again, constitutional issues, and whether the police officer has done anything that violated the Constitution as far searches and seizures are concerned.

First Steps

Shoplifting cases are going to involve a store or some establishment. Therefore, one is also going to talk to the client. There also can be numerous witnesses so one is going to look into witness statements as well as the statement of the client.

Also, the store is also going to get any video evidence. A lot of times, stores have these alleged offenses that occur on tape, and so one wants to get a copy of the video or find out if a video exists or if the video was restored, whatever the case may be, but the evidence is going to be big whenever one is dealing with a shoplifting charge.

How an Attorney Can Help

Once again, the key to any type of situation as to where one is trying to only get probation or a reduced sentence is mitigating evidence. They want to find as much evidence as they can to make the court feel bad for the client, that the client looks as sympathetic as possible.

We do not want the court thinking that the client is stealing for personal gain or that the client is stealing from the store luxury items. Richmond shoplifting lawyers want it to be a situation as to where the client is stealing for need, they are in dire situations, their children are starving, or whatever the case may be. It is all about mitigation.

If there is a first offense shoplifting, that definitely helps when one is going to show that somebody is not a criminal but this is a crime of circumstance, not a crime of opportunity and they are not essentially what the charges make them out to be. They are not a bad person. It is all about mitigating, mitigating, mitigating.

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New York, NY 10001

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