Matthew J. Ruff Theft Law Blog on Lawyers.com

In these tough economic times, property theft crimes go up and many otherwise good people find themselves charged with this life-changing criminal offense. Shoplifting, oftentimes referred to as petty theft is a misdemeanor status crime in California that occurs when someone steals or simply removes property offered for sale from a merchant. According to one Shoplifting Defense Attorney in Torrance ,  the crime of pett theft from a store-owner results in many arrests each year.  The offense can be either a felony or misdemeanor depending upon the value of the item taken and whether the person has prior convictions. To be convicted of shoplifting, one must "intend" to permanently deprive the merchant of the value of the merchandise. Persons accused of shoplifting in California are many times confused about the procedures for lawfully detaining someone suspected of theft from a store. What are the rights of a person accused of the offense? Is what the loss prevention officer did legal? How much force can be used to detain someone who is believed to have stolen merchandise?  Does the accused need to hire a Criminal Defense Lawyer?  Why am I also being charged with Commercial Burglary? The store security guard must generally see a shoplifter enter the  store or approach a display and see that the customer does not have any merchandise in their hand or that they haven’t retrieved a item from their own purse, handbag, wallet or coat-pocket. This crucial inquiry prevents a common mistake that occurs when a customer brings an item back to the  store for a return and does not check in at the return desk first. If store loss prevention employees detain someone after seeing them replace their own merchandise into their pocket or bag, the store could be subject to a lawsuit and afalse theft arrest claim even though it is a seemingly honest mistake. According to a well known Torrance Petty Theft Defense Attorney, many false arrest claims are filed by law firms because the store rushed to judgement and arrested the alleged shoplifter without enough evidence.

Secondly, the loss prevention detective must, in most cases, see the suspected pilferer select the merchandise. Loss Prevention officers can misunderstand when they see a customer innocently put an item into their pocket or purse and not realize that the customer had brought the item into the store with them for comparison purposes. If the employee can positively and honestly state that they saw the shoplifter remove store merchandise from the display prior to concealing it, then they may have a strong foundation for proof of shoplifting.  If you or someone close to you is facing the charge of petty theft or shoplifting, consult a lawyer immediately for legal advice.