Atlanta, GA asked in Criminal Law for Georgia

Q: Realized I had an item in my hand before reaching store exit. Turned around to go pay. Loss Prevention had me arrested.

Since I had no intention of taking the $9 item, and never tried to leave the store with it, how could it be shoplifting?

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3 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: Thank you for sharing. No question asked

Joshua Schiffer
Joshua Schiffer
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You need to go to court and fight. There is an "intent" or "Mens Rea" isue that defends you and the State will likely not want to waste resources fighting if you push back. A LOCAL lawyer will certainly assist you in getting this disposed of.

DO NOT JUST TAKE A PLEA BECAUSE IT IS EASY!! The State LOVES using apathy as a way to grab convictions, and theft charges are especially bad as they are crimes of Moral Turpitude.

Priscilla T. Upshaw
Priscilla T. Upshaw
Answered
  • Criminal Law Lawyer
  • Powder Springs, GA
  • Licensed in Georgia

A: I agree with my colleague Mr. Schiffer. You must contact an attorney who will advocate for you. I wish you well.

We are here to assist.

-The Upshaw Law Firm, (770) 240-0922.

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