Can I get in trouble for falsely being accused of shoplifting? - Criminal Law Questions and Answers- LawQA.com

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Can I get in trouble for falsely being accused of shoplifting?

I was recently in Walmart with my daughters. My husband is deployed and we were looking for items for a trip we are taking. I had two things in my hand debating on whether or not to purchase them. Between getting texts and phone calls as a distraction, I set the items in the front of buggy. when things were getting placed there, I moved things to the main part of buggy and moved purses around. They said that I set the purse purposely on top of items, which I did not. I was not arrested, not given a fine, not banned and have no priors. What am I facing for first offense?

Edward  D. Dowling IV Attorney at Law
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If you are charged with a crime you should hire an attorney to negotiate a plea bargain or go to trial if you have a defense- you may have a defensed of that you did not have intent to steal.

Answer Applies to: New York
Replied: 6/15/2011

Answer By Lacy Fields
Lacy Fields, Attorney at Law, LLC
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See my other posts. You should hire an attorney, which will likely result in a reduction of the charges against you to something less serious. Also, you are probably a good candidate for SIS probation, which does not count as a "conviction" in Missouri.

Answer Applies to: Missouri
Replied: 6/14/2011

Law Office of Eric Sterkenburg
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If you did not leave the store without paying you will not be charged.

Answer Applies to: California
Replied: 6/10/2011

LynchLaw
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Trouble, yes. It is possible the store will send a report to the DA's office where it might be determined you need to face charges. Having said that, it sounds like a very difficult case for the DA to prove. When you say buggy I think of the shopping cart. Did you take the buggy outside? Where were you confronted? Should you actually be convicted of petty theft without a prior, it carries a maximum sentence of 6 months jail time.

Answer Applies to: California
Replied: 6/10/2011

Law Office of Peter F. Goldscheider
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If you have a court date you will be charged. You need to hire a good criminal law specialist if you expect to fight this case successfully. The actual penalty would not likely involve jail but a theft conviction on your record is a serious matter for later job or other opportunities.

Answer Applies to: California
Replied: 6/10/2011

Answer By Tracey Sang
Law Office of Tracey S. Sang
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It doesn't sound like you're facing anything if you weren't arrested.

Answer Applies to: California
Replied: 6/9/2011

Law Office of James A Schoenberger
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It seems your event is over without any serious consequences to you. No further trouble should come of this.

Answer Applies to: Washington
Replied: 6/9/2011

Timothy J. Thill P.C.
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It sounds like you did not have the intent to steal items from Walmart. Get an attorney to represent you, you probably can beat the case outright. However, be assured you will not go to jail, if found guilty, but will get some form of a probationary sentence. in a "worse-case" scenario.

Answer Applies to: Illinois
Replied: 6/9/2011

Answer By Andrew Subin
Law Office of Andrew Subin
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If you did not intend to take anything without paying for it, you are not guilty of shoplifting or theft. If you are innocent, you should not plead guilty. You need to hire a lawyer.

Answer Applies to: Washington
Replied: 6/9/2011

Answer By Maury Beaulier
Beaulier Law Office
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Based on the facts related, it would seem that you have some very strong defenses to the charge. Do not take this offense lightly. Even a misdemeanor theft offense can be very serious. Such an offense is still punishable by up to 90 days in jail and a $1000 fine. The collateral consequences of a conviction can also be extremely significant and preclude a person from finding employment where background checks are performed. Often, if you have no prior offenses, a conviction can be avoided with a Stay of Prosecution. A Stay of Prosecution means that the offense is never recorded on your record and stayed for a certain period of time to ensure that you do not have another offense. We can assist you in making sure that your record is not affected.

Answer Applies to: Minnesota
Replied: 6/9/2011

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