I was falsely charged with shoplifting after paying. What are my options?
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I was falsely charged with shoplifting after paying. What are my options?
Hripsime Bagdasaryan
glendale, USA
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So you were falsely charged with shoplifting even after you paid. Now there could be two types of shoplifting cases depending on the value of the item that was taken. So in California shoplifting is charged under penal code section 484 subsection A. It could be a misdemeanor if it's under $950 or it could be a felony if it's above $950. In any event, when you're charged the first thing that you need to do is obviously speak to your attorney. You're going to enter a not guilty plea. You have to provide proof that you made the payment. So that could be the receipt, that could be your credit card statement, it could be the store surveillance footage for example so your attorney can request that. And then once you provide that proof to the prosecutor, all good prosecutors, If the evidence checks out, we'll dismiss your case. As a prosecutor, I've had cases that I've dismissed when they have provided proof of payment of the item. So if the case proceeds, given that they may have other evidence, then they have to prove that you had the intent to steal the item. So you always want to make sure that you keep as much of the evidence that you can that will clear you. So the receipt, your credit card statement,, maybe you did Apple Pay on your phone, that transaction. Maybe you had to witness somebody that was with you that saw you pay, the store's surveillance footage if it was self-checkout, those machines have records,, the records from that machine. But long story short, the only thing that you can do is provide evidence of your payment in order to get your case dismissed.
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I was falsely charged with shoplifting after paying. What are my options? - Answer by Hripsime Bagdasaryan
So you were falsely charged with shoplifting even after you paid. Now there could be two types of shoplifting cases depending on the value of the item that was taken. So in California shoplifting is charged under penal code section 484 subsection A. It could be a misdemeanor if it's under $950 or it could be a felony if it's above $950. In any event, when you're charged the first thing that you need to do is obviously speak to your attorney. You're going to enter a not guilty plea. You have to provide proof that you made the payment. So that could be the receipt, that could be your credit card statement, it could be the store surveillance footage for example so your attorney can request that. And then once you provide that proof to the prosecutor, all good prosecutors, If the evidence checks out, we'll dismiss your case. As a prosecutor, I've had cases that I've dismissed when they have provided proof of payment of the item. So if the case proceeds, given that they may have other evidence, then they have to prove that you had the intent to steal the item. So you always want to make sure that you keep as much of the evidence that you can that will clear you. So the receipt, your credit card statement,, maybe you did Apple Pay on your phone, that transaction. Maybe you had to witness somebody that was with you that saw you pay, the store's surveillance footage if it was self-checkout, those machines have records,, the records from that machine. But long story short, the only thing that you can do is provide evidence of your payment in order to get your case dismissed.