What Your Legal Advisor Wants You to Know About Shoplifting Charges
Shop owners and managers have a right to take legal action against any customer who steals an item from their store. In such a case, they are supposed to detain the suspect until the police arrive and arrest them. However, the store administrators and the police must follow the law when detaining and apprehending suspects. Failure to do this goes against the suspect's rights, and you can challenge their action. A criminal defense attorney can explain the following basics to enable you to understand your rights and how to fight illegal charges.
How the Store Owner Should Approach You
The store owner should keep visual contact when they suspect a client is planning to conceal an item. They may also use surveillance videos to monitor their movement around the shop. Then, after the store owner confirms that the client is planning to steal the item, they should approach them for questioning. First, however, they must have a reason to believe the suspect will conceal, take and leave with the product without paying.
Unfortunately, the shop proprietor may mistake your actions, and they might assume that you wanted to shoplift. As a result, they might call the police to arrest you. In such a case, you are supposed to contact a lawyer for help. First, they will ask the store's management for video footage from their surveillance cameras. They will then request a record of the procedures they followed when determining that you had concealed their item. Finally, if there were any irregularities when retaining you, your attorney will challenge your arrest and secure your release.
The Process of Detention
Anyone who plans to detain a shoplifting suspect must follow store policies and laws. They include having compelling evidence of the suspect's involvement in the crime. The complainant should also prove that they continuously observed the suspect until they left the store. This fact is particularly important since the suspect could change their mind about stealing the item. The store owner should not detain you without evidence of taking and attempting to leave the store with concealed items.
Your attorney will ask the complainant to provide evidence showing they had reasons to believe you are guilty. For example, if no one saw you concealing an item and leaving the store with it, the plaintiff will not have a reason to charge you. Therefore, your legal advisor will request a dismissal of your case for lack of evidence.
You may need a criminal defense lawyer to defend you if you are accused or detained for shoplifting. They will raise different arguments to challenge the actions taken by the store owner or the evidence they present.