If I was charged with theft 2 but I didn’t walk out of the store with anything in my personal possession, could it be dismissed?

Asked on November 7, 2014 under Criminal Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It's not necessary that you walk out the store with something in your personal possession for you be charged with theft. For example, it you took something and passed it to an accomplice, that is theft; or hid it for later retrieval; or were walking out with it, saw that there were police or security around, and then ditched the item to avoid being caught with it; etc. There are many circumstances in which it is irrelevant whether you had the item on you or not.


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