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Shoplifting charges do not always involve theft

On Behalf of | Oct 2, 2026 | Criminal Law |

Some people accused of shoplifting-related offenses get arrested for possessing or reselling stolen merchandise. Others might get arrested after they leave the store with unpaid merchandise. The greater the total value of the items taken from a store without paying, the more serious the charges and criminal penalties may become. 

However, actually stealing from a store isn’t always necessary for people to face shoplifting charges. Under state statutes and current loss prevention practices, individuals still in a retail establishment may face detention by store employees or arrest by law enforcement professionals before any type of theft actually occurs.

Some activities indicate an intent to steal

People can face shoplifting charges for behavior associated with shoplifting without getting caught in possession of stolen goods after taking them from a store. For example, if store security, retail managers or loss prevention specialists witness a customer attempting to steal by hiding items on their person or in a bag they carry, the act of attempting to conceal unpaid merchandise could be a reason for their arrest and prosecution.

Similarly, any attempts to remove or deactivate the security devices that might set off door alarms  or render stolen items unusable could be justification for a shoplifting charge. Occasionally, over-eager retail and law enforcement professionals jump to conclusions about a person’s behavior. They assume the worst when there may not have been any actual criminal intentions.

Those accused of a shoplifting offense due to an alleged attempt to conceal merchandise or tamper with security devices may need help responding to those charges. Working with a criminal defense attorney can help those accused of shoplifting understand the reason for their charges and the best way to respond.

 

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