Shoplifting Lawyers

What is shoplifting?

Shoplifting

Shoplifting is the crime of stealing merchandise for sale in a retail store. To commit the crime of shoplifting, one must intend to permanently deprive the store owner or merchant of the merchandise. This is done usually by concealing the merchandise in a bag or pocket and walking out of the store without paying.

Detaining a Shoplifter

 A merchant can physically detain a suspected shoplifter, but runs the risk of being liable for false arrest, false imprisonment, malicious prosecution, excessive use of force, and/or assault if his suspicions are incorrect.

Some states have enacted laws called "Merchant or Shopkeeper's Privilege" to allow merchants to make reasonable investigative detentions of a customer suspected of shoplifting. Though such laws remain vague as to what exactly constitutes "reasonable" and "detainment", usually, the Shopkeeper's privilege allows for reasonable force and a detainment in a reasonable manner and amount of time if there is a reasonable belief that theft has occurred.

Some guidelines a merchant can go by to minimize the potential for a false arrest claim by establishing a high degree of probable cause for the detention and arrest of a person suspected of shoplifting:

• Witness the shoplifter select, and conceal or carry away the merchandise
• Maintain continuous observation of the shoplifter
• Witness the shoplifter's failure to pay for the merchandise
• Apprehend the shoplifter outside the store

Do I Need to Speak With a Lawyer Concerning Shoplifting Charges?

State laws vary as to the type of criminal prosecution that follows a shoplifting attempt. If you have been accused of shoplifting or the unlawful detainment of a shoplifter, you may want to seek the advice of a criminal lawyer who can advise you of the laws of your state and any possible defenses you may have.