Legal Question in Criminal Law in California

Grand Theft/Soplifting

I am being charged with grand theft/shoplifting. A grocery store striker saw me leave the store with the items in grocery bags,but i had not been seen by any one filling the bags,and he must of assumed i had stolen due to a few bottles not bagged.As iwas about 50 yards across the parking lot i saw him go over to a group of other strikers,who had not seen me, and say something as they switched their attention to me but obviously could not have seen the contents of my cart.A differnt person of the group had gone to notify a police officer eating that i had not noticed until then as i was pulling out.When stopped i cooperated with the officers and spent 4 days in jail before being bailed out.I dont know if i was on camera because they kept asking me what aisle iput the items in the bags,who they used as a witness,and did not witness them total the items taken.What could happen for either side.

ibut i was not seen putting any items in the bags


Asked on 2/10/04, 12:40 am

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Grand Theft/Shoplifting

Thank you for your posting, and I'm sorry to hear about the situation you now face.

From what you've stated, some obvious factual defenses come to mind (as well as some legal defenses that may lead to certain motions), but a good attorney reviews all the facts before rendering a decision that you may act on.

What that means here is that your attorney needs to conduct discovery, and obtain copies of any videotapes and look at them, and do an independent interview of any witnesses to see exactly what they will testify they saw (especially if different than the way it is written in the police report). From there, you may be able to bring certain motions, such as a demurrer, challenging the charges, reducing them to a misdemeanor, suppressing evidence, or at least have leverage to negotiate a reduction, dismissal, or increase your chances of a win at trial.

I hope this answer helps, but if you need legal representation, or even have further questions, please email me directly at [email protected]. It's my pleasure to assist in any way that I can.

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Answered on 2/10/04, 3:24 am
Terry A. Nelson Nelson & Lawless

Re: Grand Theft/Soplifting

You need a good attorney, and if you can't afford to hire one, apply for the Public Defender. There are defenses available to you that your attorney will discuss. Discovery must be done quickly to determine what evidence is available, for and against. Contact me if interested in hiring counsel.

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Answered on 2/10/04, 1:32 pm


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