Shoplifting charges in California can be a serious legal matter that can have lasting consequences for those accused. At Bullard & Powell, APC., we recognize the complexities surrounding shoplifting cases and are committed to providing our clients with effective legal representation. In this blog post, we will discuss the defenses against shoplifting charges in California, outlining legal strategies that individuals facing such accusations may consider.
Challenging Intent and Knowledge
One of the primary aspects the prosecution must prove in a shoplifting case is the defendant's intent to steal. At Bullard & Powell, APC., we understand that intent is a crucial factor and can be challenging for the prosecution to establish beyond a reasonable doubt. We may scrutinize the evidence to challenge the prosecution's case, emphasizing any lack of clear intent or knowledge on the part of the accused.
Mistaken Identity and False Accusations
In some cases, individuals may find themselves wrongfully accused due to mistaken identity or false allegations. Our team at Bullard & Powell, APC. will thoroughly investigate the circumstances surrounding the arrest to identify any potential discrepancies. By presenting evidence that disputes the accuracy of the accusations, we aim to build a strong defense for our clients.
Lack of Surveillance or Witness Testimony
Shoplifting charges often rely on surveillance footage or eyewitness accounts. We may challenge the validity of such evidence by scrutinizing surveillance footage for inconsistencies or questioning the reliability of witness testimony. Demonstrating doubts about the credibility of the evidence can cast reasonable doubt on the prosecution's case.
Proving Unlawful Detention or Improper Search and Seizure
Individuals accused of shoplifting may have their rights violated during the course of the arrest. At Bullard & Powell, APC., we are well-versed in constitutional protections and may explore whether the accused was subject to unlawful detention or an improper search and seizure. If constitutional rights were violated, it could suppress evidence, weakening the prosecution's case.
Establishing Lack of Ownership or Control
The prosecution must establish that the accused had control over the stolen merchandise to secure a shoplifting conviction. We may challenge this aspect by demonstrating that our client lacked ownership or control of the allegedly stolen items. This defense strategy can be particularly effective in cases where individuals are unaware of the presence of the items in their possession.
Negotiating for Diversion Programs or Reduced Charges
In some instances, pursuing negotiation and plea bargaining can be a viable strategy. Our shoplifting attorneys at Bullard & Powell, APC. may discuss with the prosecution to explore diversion programs or reduced charges for our clients. Participating in diversion programs can provide an opportunity for individuals to address underlying issues, such as addiction or mental health concerns, without the harsh consequences of a criminal conviction.
Facing shoplifting charges in California requires a strategic and knowledgeable legal defense. At Bullard & Powell, APC., our attorneys are dedicated to exploring all available defenses and crafting a personalized strategy for each client. Whether challenging the prosecution's evidence, disputing intent, or negotiating for favorable outcomes, our goal is to achieve the best possible result for those accused of shoplifting. Contact Bullard & Powell, APC. for experienced and effective legal representation if you or someone you know is facing shoplifting charges.
Contact Bullard & Powell, APC. today to schedule a consultation!