Bakersfield Shoplifting Defense Attorney, Kern County Theft Defense Lawyers

BAKERSFIELD SHOPLIFTING DEFENSE ATTORNEY

If you have been arrested for Shoplifting or Petty Theft in Bakersfield CA, we can help defend you.

Shoplifting, stealing from a store or petty theft is a violation of the Penal
Code that occurs when someone removes with the intent to
permanently deprive the owner of merchandise offered for sale from a
store or Mall. Shoplifting and theft from retail stores results in
thousands of arrests every year throughout Bakersfield and the State
of California.

To be convicted of shoplifting, one must pick up and "intend" to
permanently deprive the store of the value of the merchandise.
Individuals accused of shoplifting are often confused about their rights
and what power the store security has to detain or arrest them for the
offense.

As a general rule, The loss prevention or employee must see a
shoplifter enter the store or approach a display and see that the
customer does not have any merchandise in their hand or that they
haven’t retrieved a item from their own purse, bag, or pocket. This
safeguard prevents a common mistake that occurs when a customer
brings an item back to the store for a return and does not check in at
the return desk first. If security detains someone after seeing them
replace their own merchandise into their pocket or bag, the store could
be subject to a false arrest claim even though it is a seemingly honest
mistake. Many false arrest claims are filed because store security loss
prevention officers cannot prove that the person did not bring the
goods in to the store in the first place.

Secondly, the security employee should observe the suspected
shoplifter select the merchandise, this can be done on the store floor
or through watching the individual on a store security camera. Store
employees can misunderstand when they see a customer innocently
put an item into their pocket or purse and not realize that the customer
had brought the item into the store with them for comparison purposes.
If the employee can positively and honestly state that they saw the
shoplifter remove store merchandise from the display prior to
concealing it, then they may have a strong foundation for proof of a
Bakersfield shoplifting criminal case.

Furthermore, the loss prevention employee or store security guard
should see the shoplifter conceal, carry away, or convert the
merchandise. This includes concealment in shopping bags, purses,
hand bags, strollers, or on a person. Shoplifting can occur by wearing
articles in plain view once the tags are removed. Shoplifting can
occur by conversion, for example, when consuming food prior to
being purchased. An exception to the observation rule is inside a
fitting room or changing area where observation is impossible. Once
inside a fitting room store merchandise can be concealed almost
anywhere. The important factor is to know what items go into the fitting
room and what items don't come out in plain view. The problem is, the
fitting room must be checked beforehand to see if it is clear of
merchandise and after the suspected person exits to see that the
missing items were not simply discarded or thrown in the trash.

In some cases a person may be charged with burglary if it can be
proven they entered the store with the intent to steal. In rare cases
robbery can be charged if the individual fights with or uses force to
retain the stolen goods when confronted by security.

Our Bakersfield criminal defense office has successfully defended
many individuals wrongfully accused or arrested for all theft related
charges. Our Lawyer can help you to avoid jail, discuss the penalties
and punishment for shoplifting and petty theft or assist in clearing your
record.