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  1. #1

    Question Left Item on a Shelf but Charged With Shoplifting

    My question involves criminal law for the state of: Georgia

    Here is the situation:

    I was at a store in GA. I removed a pair of headphones from the rack and walked around with it in my hands. Never concealed item and never removed item from packaging. Decided not to steal item and put it on a shelf. As I was exciting the store I was confronted by a loss prevention individual who requested I come with them. I did. They searched me and found no merchandise on me. However, they proceeded to press charges and I was arrested. Amount was <300$

    Court is tomorrow. I have a lawyer but am curious as to how a defense could be played out in this instance.

    Thanks.

  2. #2
    Join Date
    Mar 2009
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    Michigan
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    Default Re: Left Item on a Shelf but Charged With Shoplifting

    ....best to listen to your lawyer....

  3. #3

    Default Re: Left Item on a Shelf but Charged With Shoplifting

    Well.... I plan on it and I am listening. I am just stressed beyond belief right now as I have other things going on (personal wise not criminal wise) other than just this issue. I was only wondering if someone could give me a hypothetical of what could happen in this instance.

  4. #4
    Join Date
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    Default Re: Left Item on a Shelf but Charged With Shoplifting

    Why were you charged with shoplifting? Is it that surveillance video catches you dumping the item when you were about to get nabbed by LP?

  5. #5

    Default Re: Left Item on a Shelf but Charged With Shoplifting

    Ehhh... no Mr.Knowitall. The tape hadn't even been reviewed by the arresting officers. The PO informed me that even though I didn't have item on persons, because the store wanted to press charges he had to take me.

    Thanks.

  6. #6
    Join Date
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    Default Re: Left Item on a Shelf but Charged With Shoplifting

    So what's the probable cause?

  7. #7
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Left Item on a Shelf but Charged With Shoplifting

    And what does your attorney say? Does he believe the elements of the offense charged have been met? Does the section cover an attempted theft, or the intent to commit theft?

    If not, then you should have no problem getting a court to dismiss the charges.

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