Legal Question in Criminal Law in Arizona

Accused of Shoplifting how can I fight?

I was accused and written up for shoplifting $10 worth of iron on stickers. I did not intentionally steal the items and as soon as they were found I offered to pay immediately. The police were not called but I do have to contact a detective. I am outraged by this and to make things worse my daughter was with me who is 6 yrs old. This incident scared her to death. I have a totally clean record and have never been in trouble for anything! What can I do to fight this?


Asked on 2/22/05, 9:54 pm

1 Answer from Attorneys

Mark Lazell Mark Lazell P.C.

Re: Accused of Shoplifting how can I fight?

1) Invoke right to counsel 2) never talk to the police as what ever you will say will be used against you. Your invocation of your Fiftha and Sixth Amendment rights can never be used against you. Shop lifting requires an act and intent, if you can prove that you did not intend to take the items you may prevail at trial. However, there is a rebuttable presumption that concealment equals intent to steal.

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Answered on 2/23/05, 10:44 am


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