Did you find yourself in the uncomfortable, unfortunate situation of being handcuffed and escorted out of a WalMart store in Hudson Valley? Charges, such as shoplifting or larceny under penal law section 155, can be daunting. But take a deep breath. There is hope.
First, let’s get the basics right. If you’ve been accused of shoplifting or larceny, it means that you’ve allegedly taken something from a store without the intention of paying for it. However, a shoplifting or larceny charge is what is known in legal circles as a “specific intent” crime. This means that for you to be found guilty, prosecutors must prove beyond a reasonable doubt that you intended to steal.
One of the most available defenses against shoplifting, though often unused, is “mistake.” Maybe you absentmindedly walked out with a product. I have represented clients who were, for example, distracted by a telephone call or their young children as they used the self-checkout lane and forgot to remove an item from their cart and scan it. Since they had not paid for the item and were leaving the store, loss prevention officers considered this to be larceny or shoplifting and approached them and thereafter notify the police.
However, your “intent” plays a significant role here and it’s up to the prosecution, who bears the burden of moving the case forward, to prove it. Oftentimes prosecutors are willing to resolve the charge through plea negotiations without Hearings or a trial.
Key point: a loss prevention officer is not employed by the government and has no obligation to provide Miranda warnings when they detain you pending police arrival. Be mindful of that if you speak with them! Any admission, however seemingly innocent, will be directly reported to the police.
Another ray of hope? Often, big retailers like WalMart have a lot on their plates. In many instances their loss prevention teams do not follow through with the prosecution after an arrest. They don’t show up in court. If they don’t appear, this can significantly impact your case!
With full knowledge of this and their own significant caseloads, prosecutors are often willing to engage in plea negotiations concerning WalMart and other big box stores cases up front. This is, generally speaking, the case with other arrests that occur at WalMart as well – a willingness for prosecutors to negotiate and plea bargain the charge. If this is a first or even a second-time arrest, oftentimes the matter can be resolved extremely favorably. Of course, each case is different and your matter in the negotiation process involves its particular set of circumstances and background. Background considerations include the presence or absence of a prior criminal record, which can factor into negotiations and case disposition. The outcome depends on a complete review and totality of all the circumstances.
If you have been arrested at Walmart, now more than ever, you need an advocate. Not just any advocate, but one who has firsthand experience on both sides of the law. Enter the XTROOPER Defense Team. With a principal attorney who is a former 22-year state trooper, this firm brings a combined experience of over two decades on the “front lines” of the criminal justice system. Imagine having someone who has been in law enforcement and has made such arrests, conferred with loss prevention teams on countless occasions, now defending you! The kind of rare insight and perspective our team at XTROOPER Defense brings to defend your case!
With this depth of insight and experience, that benefits you. We are prepared to challenge the position you intended to steal and ensure your rights are protected if negotiations fail!
Don’t risk your reputation or your future!
If you’ve been arrested at WalMart in the Hudson Valley counties of Rockland, Orange, Dutchess, Westchester, Putnam, Sullivan, Columbia or beyond, don’t wait. Call us at 845.533.0265. Time is crucial. You need someone who will listen to your side of the story, analyze details, and fiercely advocate for your rights. You need the XTROOPER Defense Team, a law firm with valuable insight and experience.
Don’t let the weight of a potential criminal charge crush your spirits or jeopardize your future. Second chances exist! With our expertise and commitment, we’ll work tirelessly to ensure the best possible case outcome.
📞 Call the XTROOPER Defense Team NOW at (845) 533-0265. Your future and reputation might just depend on it.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice.