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

UPDATED: May 26, 2012

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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


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 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.

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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