Can You Be Charged with Shoplifting Before You Leave the Store?

Most shoplifters are caught after they leave the store, but is it possible to be arrested for larceny (the legal term in Connecticut for theft) before you leave the retail establishment? Yes, but retail establishments will likely wait until the shoplifter leaves to pursue an arrest. Here’s why and what you can do to protect your rights after being charged with larceny, for shoplifting.

What Constitutes Shoplifting?

Shoplifting is not defined as removing merchandise from a store without paying for it. Rather, all that is required for a shoplifting charge is for an individual to exercise control over or move merchandise in a way that is unexpected or inconsistent with how shoppers normally handle it.

For example, taking a small toy and keeping it in your hand while you go to another part of the store to shop isn’t unreasonable behavior, but putting it in your pocket is.

Why Retail Establishments Wait for Shoplifters to Leave

Even though a shoplifter can be arrested and charged without leaving the store, many retail establishments will still wait until the person has left the store before stopping them or calling the police. This is because it’s harder to prove that you did not intend to pay for the merchandise if you haven’t left the store yet. You can simply say, “Oh! I forgot I put that there. Here, let me pay for it.”

Stores will often watch suspicious individuals and apprehend them outside of the store, so it can be easily proven that there was no intent to purchase the goods.

Shoplifting Defenses

There are many rebuttals to shoplifting charges. If you are, in fact, stopped before you leave the store, you can defend yourself by saying that you meant to pay but forgot where you put the item. This usually works best in cases where you’ve left the item on the bottom of your cart, versus if the item was found in a purse.

Depending on the evidence available in your case, you may be able to argue mistaken identity, lack of intent to steal the merchandise or lack of evidence against you.

When to Contact a Connecticut Criminal Defense Lawyer

Larceny may seem like a minor charge, but even misdemeanors carry stiff penalties and a permanent criminal record. It’s critical that you reach out to an experienced criminal defense attorney as soon as possible after being arrested. Contact Iron Chris today for a consultation to discuss your case at 860-530-1781.

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Christopher Llinas

J. Christopher Llinas is a Connecticut criminal defense and immigration attorney with over 25 years of legal experience. He is the founder of Iron Chris Criminal Defense & Immigration, based in Middletown, CT. Chris earned his J.D. from Franklin Pierce Law Center (now the University of New Hampshire School of Law) in 1997 and holds a B.A., magna cum laude, in English from Salisbury University. During law school he served as a teaching assistant for Civil Procedure and Constitutional Law, and competed in moot court and trial advocacy programs. He began his legal career as an Assistant Public Defender, defending clients in felony, misdemeanor, and traffic matters. He later served as an Assistant State's Attorney, prosecuting criminal and traffic cases — giving him a firsthand understanding of how the prosecution builds its case. He has also served as a law clerk, legal aid attorney, and in-house corporate counsel before dedicating his practice to criminal defense and immigration. Chris is admitted to practice in Connecticut, Maryland, the U.S. District Court, and the U.S. Court of Appeals. He is a member of the Connecticut Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers (NACDL), the National College of DUI Defense (NCDD), and the American Immigration Lawyers Association (AILA). His practice covers DUI and OUI defense, drug charges, weapons charges, violent crimes, juvenile matters, probation violations, federal criminal defense, and immigration removal proceedings throughout Connecticut.