Shoplifting Laws

Shoplifting Laws

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Shoplifting Law Outline

The laws on shoplifting differ from area, state and country. Here are some general outlines for the laws and criteria of shoplifting:

Probable Cause / Criteria For Shoplifting

  1. A retail business must meet a certain criteria to press shoplifting charges before a shoplifting suspect can be detained.
  2. A merchant or employee of a retail business must see the shoplifting suspect select store merchandise being sold in the store. If an employee or shoplifting security person sees the shoplifting suspect after they have goods in their hand, doubt is established and the shoplifting charges may not hold up in court.
  3. An employee or shoplifting security person must see the shoplifting suspect conceal or come out of a changing area with less items and, most importantly, remove store merchandise from the premises. In most states a shoplifting suspect must remove the merchandise from the premises, concealing merchendise alone and not leavinthe premises is typically not enough for a shoplifting conviction.
  4. A witness must have maintained visual contact of the shoplifting suspect while at the retail business and the shoplifting suspect must have physically left the premises to detain a shoplifting suspect.

Know Your Rights As A Shoplifting Suspect

  1. In most states if someone is caught with merchandise that has not been paid for, a retail business has the right to detain them, question them and have them arrested as a shoplifting suspect.
  2. In some states a retail business does not have the right to deatin a shoplifting suspect but does have the right to have them arrested. In these states, false arrest claims are much more common because shoplifting suspects can get rid of the stolen goods by the time they are arrested.
  3. Customers or employees of the retail business who do not satisfy the requirements for probable cause for an arrest of a shoplifting suspect may be considered unreliable witnesses, leaving the retail business to release the shoplifting suspect and / or drop the shoplifting charges.
  4. A retail businesses employees or security people may not use excessive force detaining a shoplifting suspect and can violate personal rights. One organization that a shoplifting suspect can contact if they have experienced such an incident is the ACLU.
  5. If a retail business employee or security gaurd acts out of their jurisdiction of power, not allow a shoplifting suspect to leave a room, a seat or other such confined area may be violating personal rights and charged with false inprisonment.

Shoplifting Laws Conclusion

If you are charged with shoplifting, it is very important to get an attorney, or public defender if you can not afford an attorney, an learn your rights. If your are guilty, excercise your right to remain silent, do not just say you are guilty in court and request an attorney or public defender. Accept the sentence, pay the fines and by all means learn your lesson and do not shoplift in the future! In every act of stolen property their is a victim and on some universal level you are hurting yourself, be true and honest and together let's try to make this world a little bit better every day.

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