If you face shoplifting charges in PA, you could get the charges dropped by proving that one of two facts are true about your case: the evidence does not support the charge, or the charges against you are based on evidence that was collected illegally or interpreted inaccurately.
Mounting your own defense is difficult and potentially risky. Hiring our Montgomery County theft crimes lawyer can make it easier for you to protect your rights and find ways to get the charges dropped as quickly as possible.
Getting Shoplifting Charges Dropped Based on Lack of Evidence
One way to get your shoplifting charges dropped in PA is to show that the evidence against you does not support those charges and that the prosecution would be wasting their time if they tried to go ahead with their case. We can do this by collecting evidence of our own to show that:
- You had already bought and paid for the item you are accused of stealing
- You have been mistaken or confused for someone else
- You made an unintentional mistake when you left the store without paying
Important evidence for your defense might include surveillance footage, receipts, or eyewitness accounts.
Lack of Evidence Against You May Not Result in Dropped Charges in PA
Remember that you can still be charged with theft without evidence. Just because you no longer (or never did) have the allegedly stolen item in your possession does not mean the prosecution will drop their case. Our legal team has to prove that the rest of the prosecution’s case is weak, regardless of whether the stolen item is ever found.
Getting Shoplifting Charges Dropped Based on Inadmissible Evidence
No matter how strong the evidence against you is, it is not admissible in court unless it was collected in accordance with state and federal laws. For example:
- The police need to have a good reason to accuse you of a crime and detain you. If it turns out your accuser was clearly not credible and the police chose to detain you anyway, the case against you might fall apart.
- If the police violated your rights by coercing a confession through excessive force or threats, that confession is not legally valid.
- If the police planted the stolen item, that is an obvious violation of your rights, and our theft crimes attorney can seek to have the case dropped immediately.
- In many cases, police need a warrant and/or a very good reason to search your car or home. If the only reason they found the allegedly stolen item was by searching your property without justification, they cannot use that evidence against you.
Our criminal defense attorney can carefully review the prosecution’s entire case. If there is any sign at all that their case relies on faulty or illegally acquired evidence, we can show proof of our findings to the prosecution and try to persuade them that they will never get a conviction based on that evidence.
What Happens if Your Shoplifting Charges Are Dropped?
If the charges are dropped, your case is over. The authorities no longer have any reason to hold or prosecute you, so you will be allowed to go home and resume your regular life. With no conviction, you will not have a criminal record, so this incident will have no long-term effects on your ability to pursue your personal and professional goals.
If the Shoplifting Charges Are Not Dropped
Asking the prosecution to drop the charges is not a viable legal plan in every case. If the details of your situation do not support such a strategy, our criminal defense lawyer can explore other options, including:
- Getting the charges reduced. For example, whether you face a felony charge or a misdemeanor charge may depend on the worth of the item you allegedly stole. We can try to persuade the prosecution that the item is not worth as much as they say, which could even justify bringing your case to a lower court, such as the Magisterial District Court.
- Getting the charges dismissed. Even if the prosecution does not agree to drop the charges, the court may agree with us that the charges are not warranted. The judge in charge of your case could rule to dismiss it before it goes to trial or in the middle of a trial.
- Negotiating a plea deal. A plea deal requires you to plead guilty in exchange for a lesser charge. For example, if you are charged with a misdemeanor, the prosecution might agree to a deal that lets you plead guilty to a summary offense. Such a deal allows you to avoid trial while facing smaller fines and less (or no) jail time.
- Going to trial. Just because your case goes to trial does not guarantee you will be convicted. There are still plenty of chances for our team to present your case before a jury that we help select. We can work to persuade them that a conviction is not justified.
The Consequences of a Shoplifting Conviction Can Be Life-Changing
Penalties for shoplifting could include jail time, as well as fines and restitution. Having a conviction on your record could also make it harder to find work and, if you are ever convicted of a similar crime in the future, the penalties could be much more serious.
For all of these reasons, it is very important that you start building the strongest possible defense as soon as possible. Our shoplifting lawyer can help you do so and find the right way to fight back against these charges.
Tell Our PA Lawyer About Your Shoplifting Charges Today
McKenzie Law Firm, P.C., wants you to know that the outcome of your case is not inevitable. Our attorney can work with you to figure out how to get your shoplifting charges dropped in PA or to explore other means of getting you your life back. Call for a free consultation today.
