How can I be charged with shoplifting if I didnt have merchandise on me

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How can I be charged with shoplifting if I didnt have merchandise on me

I was charged with shoplifting. They
have me on camera picking up the item
and walking away from the department it
was in but they don’t have any proof
but someone saying they saw me put it
in my pocket but when I was searched by
the cops I didn’t have any items on me
how can I be charged with shoplifting

Asked on September 24, 2016 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no legal requirement to find the merchandise on you, if they have video evidence of you picking it up and walking away with it and witness testimonoy that you took it. Certainly, not finding the merchandise weakens their case, so it helps you in that regard; and if their video and witness is not persuasive or credible enough, you could end up having the case dismissed or be acquited, but that's a function of how good (or not) their evidence is. They are allowed to charge you and proceed without the merchandise.


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