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Defending a Retail Theft Case

Kevin Phelps June 28, 2023

While retail theft is typically not as serious as other types of criminal offense, there can still be very serious repercussions and charges you face because of this type of crime. There are many nuanced laws surrounding retail theft. Hiring a competent defense attorney who understands the law and how to defend this type of case can help you understand better what charges you potentially face and what to expect. 

Questioning Live Witnesses

During a retail theft case hearing, any and all live witnesses are typically expected to testify in person at the hearing. The testimonies of these witnesses can be used to build a pretty strong case against you. However, these witnesses must be able to positively identify you as the person responsible for the stolen goods. Without this positive identification, your defense attorney can ask for the charges to be dismissed.

Analyzing Security Footage

Retail theft cases are different from most crimes because they are almost always recorded. This is because retail businesses often have security cameras set up at multiple angles that provide twenty-four-hour surveillance of the premises. It can be intimidating hearing that a retail business has video footage that will be used against you since this type of evidence is more difficult to refute than a weak witness testimony. Competent defense attorneys know, however, and will use the fact that reconstructed and shoddy video footage or footage from a questionable angle cannot be used against you. 

Determining Intent

Another important part of a retail theft case hearing is determining the intent behind the alleged theft. A defense attorney can help you build a strong case based on what your actual intentions were. For example, negligence, misunderstanding, or failure to pay attention to something can be used in your defense.

Theft is rather minor when compared with other types of crime. However, a criminal offense of any kind on your record can be very detrimental when you are applying for new jobs, housing, and other opportunities. There are many different aspects and factors to consider when defending a retail theft case, so it is important to find a defense attorney you trust. 

If you are feeling overwhelmed with having to defend a retail theft case, contact Dave Clark Law here today for a free consultation. Dave Clark is a well-seasoned defense attorney that can help alleviate many of your worries surrounding the case.