Shoplifting at the self-checkout?

Not scanning items at the supermarket checkout can lead to theft charges. Seek out an attorney to protect your rights if you are accused of shoplifting.

Recently, I represented a client for shoplifting. She came to me one day, incredibly distraught about having been arrested at her local Walmart. She was nearing retirement and had never been in trouble in her life.

She needed a lawyer that she could trust with her life and reputation.

Her story was one many people could relate to. It was just a few days before Christmas. Her cart was mid-way full and she was purchasing ingredients to make tamales and some gifts to donate to the local charity toy drive. As many people do around the holidays, especially during the pandemic, she had a lot on her mind.

She scanned her groceries, left the Walmart, and was accosted by security and police. At first, she didn’t even understand what was happening. She ended up being arrested for not scanning three of the many items in her cart. She apologized and offered to pay. To no avail, she was issued a criminal citation and was facing charges for a crime involving dishonesty.

She was scared and needed a lawyer that would help her navigate the criminal justice system.

When the Court offered a diversion plea, many unrepresented individuals would have avoided the risk of facing the government’s attorney on their own. However, once she consulted with me and we reviewed the law and the evidence, my client decided that paying the $300+ for the diversion and having to plead guilty until the program was completed, wasn’t worth it when she never meant to steal anything from the store.

After negotiating with the prosecutor, the case was dismissed for lack of probable cause.

Why?

In order to be convicted of a crime, a person needs the appropriate mens rea— also known as state of mind. In Arizona, in order to be convicted of theft, the state has to prove that the person not only took the property without paying, but ALSO that the person was aware of, or KNEW that they did not pay.

In other words, it is not enough that my client did not pay for the items. The prosecutor has to PROVE that it was not an inadvertent non-payment.

So, unless the prosecutor has evidence that the person knew they had not paid for the items (like being a serial offender, or other suspicious behaviors, admissible prior dishonest acts), the prosecutor will have a hard time overcoming the burden of proof.

It helps to have an experienced attorney familiar with criminal laws and confident discussing the law and facts with prosecutors when faced with criminal charges.

Because having any criminal conviction on your record, particularly a conviction for a crime involving theft or dishonesty, will have long-term consequences, it is important that you consult with your own attorney before talking with a prosecutor on your own.

Please contact me if you are charged with a crime in Arizona to see if I can help. 520-333-7977