I’m A Lawyer – If You Are Accused Of Shoplifting At Walmart You Need To Know Three Defenses And Your Miranda Rights


THESE three defenses could get you out of a shoplifting business if you’re caught stealing at Walmart, a law firm has revealed.

Major retailers such as Walmart and Target appear to be more prone to petty theft than smaller companies, according to attorneys for Jackson White Attorneys At Law in Arizona.


According to a law firm, these three defenses can get you out of a shopliftingCredit: Getty
Major retailers like Walmart appear to be more prone to shoplifting, law firm revealed


Major retailers like Walmart appear to be more prone to shoplifting, law firm revealedCredit: Getty

Shoplifting charges can range in severity from a misdemeanor to a misdemeanor for which you could face jail time.

However, the Jackson White firm has revealed three defenses that you can use if you’re caught stealing.

First, there is the lack of defense of intent.

To be convicted of shoplifting, the thief in question must have acted with intent to steal, the company explained.

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So if you can prove that you inadvertently shoplifted, for example if you accidentally forgot to scan something at the self-checkout, then you have a valid defence.

According to the company, you could prove a lack of intent by showing a same-day receipt to show that you paid for other items, to show that you are able to pay for the stolen items, or by to prove your good morals.

The second defense is lack of knowledge.

Sometimes a price tag on a product can be swapped out for a price tag on a cheaper item.

For shoppers who do this with intent to steal, it’s called “the switcheroo.”

However, if you are accused of shoplifting, but you can prove that someone else switched the price tags without your knowledge and that you had no intention of stealing, then you may be off the hook.

The law firm also gave the example of a shoplifting “mule”, an innocent customer who had put an item in his pocket without knowing it.

This is done by a “professional shoplifter” who then tries to pickpocket the “mule” as soon as they leave the store with the item so that they can retrieve the product they wanted to steal.

If you can prove that you are the victim of this, your charges can be dropped, the company said.

The latest out of a shoplifting charge is a violation of Miranda’s rights.

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Lawyers will typically use one of the aforementioned defenses along with a Miranda rights violation to strengthen their client’s case.

The company listed common examples of Miranda rights violations: forcing a confession, refusing to let the accused shoplifter call a lawyer, contesting the validity of an illegal search, and failing to inform a defendant of their Miranda rights.

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