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

UPDATED: Sep 24, 2016

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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