Kansas City shoplifting offenses can turn your life upside down in a heartbeat. You can be jailed, fined hefty amounts of money, and convicted of a criminal offense. The offenses can also destroy your working image and career. If you or a family member has been arrested, you must have an understanding of your rights. A competent Kansas City traffic lawyer can guide you and create a strong case. This site will examine typical defenses and how your lawyer will be able to represent your future.
What is Shoplifting in Kansas City?
Shoplifting is stealing merchandise from a store and not paying for it. But it’s not just putting something in your pocket. It can also be:
- Switching tags to pay less
- Hiding items to not pay for them
- Leaving with the merchandise without paying
- Assisting another in shoplifting
- Tampering with the package to fool the cashier
Shoplifting is theft in Missouri. It is a distinct offense depending upon what you took. Under $750, usually a misdemeanor. Over that, a felony.
Why You Should Take Shoplifting Charges Seriously
Shoplifting is not a serious crime to some. It is. To be convicted of it may mean:
- Time in jail
- Large fines
- Community service
- Having a criminal record
- Having trouble finding a job
- Having trouble finding a place to rent
Even a small object can make a permanent legal record. That is why it is not too soon to see a lawyer.
Common Legal Defenses at Your Lawyer’s Disposal
Your lawyer will review all the evidence of your case. These are some of the best defenses that can be used for you:
1. Lack of Intent
Intent is maybe the most significant element of any theft case. You must have intended to steal. If you did not intend to steal the property, you may have a defense. For example:
- You just forgot to pay.
- You were distracted or rushing.
- You did not know that the property was in your bag.
This happens more often than you may think. A lawyer can prove that you did not have the intent to steal.
2. Wrongful Identity
Store staff or security guards might make the wrong person. You might look like someone else. Or the camera may not be in focus. Mistaken identity is a valid defence. Your lawyer will examine all evidence, footage, and eye witnesses. If the store can’t prove you as the one who stole the item, then the case might be dropped.
3. You Owned the Item
Occasionally the object itself was your property. You may have been carrying it when you came in and couldn’t produce a receipt. Or you were keeping it in your pocket or purse and didn’t notice it looked like store property. In case you can provide some proof that you owned the object, your lawyer can battle for dismissal.
4. Illegal Search or Seizure
The store security or police have to follow the law when they stop and search you. If they had broken the law, evidence that they collected may be dismissed. For example:
- They were not entitled to search you.
- They employed excessive force.
- They unfairly arrested you.
This is called a Fourth Amendment violation. The attorney may file a motion to suppress evidence, which can lead to dismissal of charges.
5. Threats or Duress
If you were threatened or harmed by shoplifting, you may not be guilty. That is duress. Your lawyer can provide proof that you stole only because you feared for your safety.
How a Kansas City Shoplifting Lawyer Works For You
When you are with an attorney, you are never alone. Your lawyer will:
- Read police reports and store records
- Watch security video tapes
- Question witnesses
- Protect if rights are being abused
- Build a defense case
- Negotiate with the prosecutor
- Fight for lowered charges or dismissal
A competent lawyer can usually have charges dismissed or lowered.
What to Do When You Are Charged
If you are arrested for shoplifting, do the following:
- Remain calm. Don’t struggle or try to run away.
- Don’t say anything. You have the right to remain silent.
- Request a lawyer. Tell them you want to speak with a lawyer.
- Don’t sign anything. Have everything looked at by your lawyer.
- Collect evidence. Hold onto receipts, texts, or whatever helps your case.
The way you act after arrest can matter.
What Happens in Court?
Shoplifting charges typically start in municipal or state court. This is what happens:
- First Appearance: You are read your charges and enter a plea.
- Discovery: Both parties trade evidence.
- Pretrial Motions: Your lawyer may attempt dismissal or limiting evidence.
- Negotiation: Your lawyer will try to negotiate a settlement.
- Trial: When it is not possible to settle, your case is tried before a judge or jury.
- Verdict: The judge says you are guilty or not guilty.
A lawyer takes you through it all and tells you what comes next.
First-Time Offender Diversion Programs
Kansas City has first-time offender diversion programs for people with no record. If you qualify, you can escape conviction by:
- Taking a class
- Doing community service
- Making restitution
- Avoiding trouble
If you complete it successfully, the charges will be dropped. A lawyer will help you acquire diversion.
Why Having a Lawyer is a Good Idea
Some people try to defend against shoplifting charges on their own. It’s a mistake. A conviction can stick around on your record for years and years. Lawyers are experts at finding weakness with the case and using the best defense. If you are charged, act quickly. Get a skilled and affordable Kansas City shoplifting defense attorney right away.
FAQs About Shoplifting Defense
Q1: Can charges of shoplifting be dismissed if this was the first time?
Yes. If you have no record, you may be eligible for a diversion program. An attorney will help you apply so charges can be dismissed on the successful completion of the program requirements.
Q2: If I accidentally forgot to pay?
Intent is the determining factor in shoplifting offenses. If you never intended to steal, this can be a defense. Your lawyer can use receipts, witness testimony, and other facts to prove it was an accident.
Q3: Will I go to prison for shoplifting in Kansas City?
It depends. For under $750 shoplifting, you might receive a misdemeanor, which is probation, fines, or jail. A lawyer can most likely get it reduced or get you out of jail time, especially if it’s a first-time offender.
Q4: Is a shoplifting charge able to be expunged from my record?
Yes. If charges get dropped or you successfully complete a diversion, you may be able to expunge the record in the future. See a lawyer.
Q5: What if store security illegally infringed on my rights by stopping me?
If police or security illegally detained or searched you, the evidence discovered can be discarded. That can make your case get dismissed. Everything will be looked at by an attorney in order to protect your rights.