Legal Question in Criminal Law in New Hampshire

A store claims to have seen my daughter take some items, when what actually happened is that they saw the merchandise in her purse. She turned the items over to the police along with the receipts. She was going to exchange and/or return the items. It wasn't a smart thing to do without a bag and receipt (with the items in her purse), but that's what happened. The PD is claiming we are lying, they don't believe us even though they have the items and the receipts. They say they are going to activate warrants for our arrest and it will go to trial. It's all a lie! How can they do this to us?


Asked on 11/16/09, 6:36 pm

1 Answer from Attorneys

James Rosenberg Shaheen & Gordon, PA

The unfortunate truth is that the police and prosecutors have the discretion to either initiate or drop charges. If she has receipts for the purchase of the same items in her bag, it seems as if there would be a strong defense to those charges at least at first blush. At the same time, I am not sure what other evidence may or may not exist. In shop lifting situations, there is often video surveillance and other evidence. If she has a receipt for items from a prior purchase, but surveillance shows that additional identical items were placed in her bag at a later time, which may explain the reason that law enforcement is pursuing the case. The value of the items that are alleged to be taken will define the level of offense that she faces, whether it be felony, misdemeanor or violation. Some district courts have a rigid view of shoplifting cases others a more gentle view. This response is based on my general professional experiences and cannot account for additional facts or background not known to me. This is not an attorney client communication and this answer does not create an attorney client relationship.

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Answered on 11/23/09, 9:53 am


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