Q: Is it theft from walmart if person is still inside the gate but they claim person was past the "last point of sale"?
Person was in the garden section of walmart with shopping cart that did contain items that were going to be purchased. Walmart employees detained person and claimed person was stealing because they were past the "Last point of sale"
A:
The short answer is yes. There is no requirement that the suspect leave the store with the item or even passed all points of payment.
Theft by shoplifting only requires that the suspect intend to steal the item and he/she does something in furtherance of that goal. In other words, the arresting officer would need evidence that the suspect concealed the item, changed the price, passed points of payment, etc.
Be sure to speak with an attorney prior to going to court. Depending on the defendant's criminal history, he/she may be eligible for pretrial diversion. Also, note that a fourth shoplifting conviction is a felony and carries a minimum of 1 year in prison.
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