How would I go about not having a criminal record for shoplifting?

I am being charged for shoplifting in texas. My sister was the one that was doing all the pocketing. When emptying our bags in the back room, her stuff and the other goods fell on the table. I also emptied my bag and my things fell on the table and got included in the total of taken merchandise. How would I go about proving that I did not take the items and that my sisters and my items was added to the total put against me?

Asked on May 26, 2012 under Criminal Law, Texas

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

For the charge of shoplifting, and or "retail fraud", it must be shown that you had an intent to steal, or attempt to steal items open for public sale without paying for them. Often times, store security will not make an arrest until the person accused of theft is beyond the cash registers and attempting to make an exit out of the store. They do this to show that the person stole the items and possessed no intent to pay for them. Not certain at what point you and your sister were taken to the security room for questioning, but in court the prosecutors will have to prove that you had an intent to steal those items, along with your sister, from the store.


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