Criminal Lawyer For Shoplifting In San Marcos

Accusations of shoplifting typically arise at the location of a retail store. A store loss prevention officer detains the individual, escorts him or her to an office, discusses the case, searches personal items, then calls the police. The police arrive, continue the investigation and give the individual a written Notice To Appear in court.

The most common defenses to shoplifting include the following.

• No specific intent to take anything
• No motive to commit the crime
• The evidence is inconclusive
• There was no intention to permanently deprive the owner of any property
• Consent from the owner of the property
  
• No proof beyond a reasonable doubt
• No act of concealment of merchandise
• No corroboration by a third party
• Inconclusive video surveillance

The effective defender begins with a consultation to learn about the facts of the case. Next he takes the time to learn about the client’s background since it may play a vital part in resolving the case. Finally attorney Pflaum examines the police reports, witness statements, loss prevention declarations, and when applicable store surveillance video.

Successful resolution of the case depends on presenting critical information to the prosecution and judge about the strengths of the defense.

Diversion is a strategic court process in which a client agrees to follow certain instructions from the judge that upon completion results in a dismissal of the case. The plea bargain is a beneficial agreement between the defense, prosecution and judge to dismiss or lower the charges and keep the client’s record free of a petty theft conviction.