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Accidental Shoplifting: Is This a Valid Defense?

I have represented many clients who come to see me after they are charged with shoplifting claiming that they took the property out of the store without realizing they were doing so. The truth is that you can be charged with taking an item from a store accidentally because the security guard or store employee who stopped you does not know what is going on in your mind.  From their perspective, it appears as if you are walking out of the store with the intention of stealing property.

However, once you appear in court you enjoy a presumption of innocence.  The burden is always on the prosecutor to prove you guilty.  In order for the District Attorney to prove someone guilty of shoplifting, or petit larceny, they must prove not only that you took property not belonging to you, but that you did so with the intent to deprive the store of the property without paying.

If property is accidentally taken from the store, this is a defense to the charge of shoplifting.  So, while you can be rightfully charged with petit larceny for accidentally taking property out of the store, you are still presumed innocent and have a valid defense.

What you need to do is to hire an attorney who is willing to listen to your side of the story and then aggressively defend you in court.  It is our job to negotiate with the prosecutor and persuade them to understand our side of the story.

Call The Law Office of NaiburgObedin and Weissman at (631) 979-7777 for a free consultation so we can discuss with you the specific details of your shoplifting arrest and how we can help you defend that charge.