As Virginia criminal defense attorneys, Portner & Shure has defended its fair share of clients accused of shoplifting. Often a client accused of theft did commit the crime. The prosecutor may have evidence such as video tape and/or testimony from store employees. Many times clients who are arrested for shoplifting avoid conviction because the prosecutor fails to request the presence of a necessary witness or, more than likely, the witness necessary to the Commonwealth's case just doesn't feel like coming to court. Loss prevention officers, who are employed by stores to catch shoplifters, have a high turnover rate. Once the loss prevention officer is no longer employed by a store, the chance that they will show up to a shoplifting trial is highly unlikely.
Sometimes stores can be over zealous in their vigilance against shoplifters, as was the case in a Walmart in Sterling, Virginia. A Loudoun County jury has awarded $282,000.00 to a young Hispanic man who alleged security guards at the store accosted him and falsely accused him of shoplifting. The 20 year-old man and his friend testified that they were followed by a security guard as soon as they entered the store. They walked through several departments and placed a sweatshirt in their shopping cart. Finally, after the security guard's constant surveillance became overwhelming, the two young Hispanic males abandoned the shopping cart and exited the store. As they attempted to leave the store, two guards and the assistant manager confronted the two young men. The young men's arms were placed behind their backs and their faces were pushed into the storefront window while a crown of customers watched. Police were called and the accused men were searched. Nothing was found. The two men were allowed to leave but not until they signed an agreement that they would not return to the store.
One of the men, who grew up in Sterling, Virginia and whose mother is a deputy sheriff, filed suit alleging defamation per se, false imprisonment, assault and battery and two counts of violation of his civil rights. Discovery revealed that the two Hispanic men were under constant video surveillance as soon as they entered the store. At trial, he young man's attorney argued that the two men were targeted because of the color of their skin. The jury found in favor of the plaintiff on the counts of false imprisonment and assault an battery. The friend has filed suit as well but his case remains in the discovery stage. In other shoplifting cases we have seen the accused is held in a backroom for questioning. Often confused, some criminal defendants give confessions in exchange for being released from custody. While the confession may be excluded, this type of admission is a mistake. If you are held for questioning ask for an attorney and never confess to a crime you didn't commit. If you or someone you know has been arrested for shoplifting or falsely accused of a crime contact our Virginia criminal defense attorneys at Portner & Shure.
Leave a comment