Shoplifting

Shoplifting, legally referred to as “stealing” under Missouri law, involves the appropriation of property or services with the intent to deprive the rightful owner of its value. The severity of shoplifting charges in Missouri is primarily determined by the value of the stolen property and the offender’s prior criminal history.

• Class D Misdemeanor: For first-time offenders, stealing property valued at less than $150 is classified as a Class D misdemeanor, punishable by a fine up to $500.
• Class A Misdemeanor: If the stolen property’s value exceeds $150 but is less than $750, the offense escalates to a Class A misdemeanor, carrying penalties of up to one year in jail and fines up to $2,000.
• Felony Charges: Shoplifting can be charged as a felony under specific circumstances, such as when the offender has at least three prior theft-related convictions or engages in a scheme resulting in substantial property loss over multiple incidents.

Given the complexities and potential severity of these charges, securing experienced legal representation is crucial.

Scrivner Law Firm: Your Advocate in Shoplifting Defense

Led by attorney Dayrell Scrivner, a former prosecutor with over 20 years of experience, Scrivner Law Firm offers dedicated legal representation to clients in Taney, Stone, and Christian counties. Attorney Scrivner’s background provides him with a comprehensive understanding of the criminal justice system, enabling him to anticipate prosecution strategies and develop robust defenses for his clients.

Comprehensive Defense Strategies

At Scrivner Law Firm, we recognize that each shoplifting case is unique. Our approach includes:

• Case Evaluation: Thoroughly examining the circumstances surrounding the alleged offense to identify potential weaknesses in the prosecution’s case.
• Evidence Analysis: Scrutinizing all evidence, including surveillance footage and witness statements, to challenge the validity of the charges.
• Legal Precedents: Utilizing relevant case law to support defense strategies. For instance, in State v. Bazell, the Missouri Supreme Court highlighted issues with theft statutes, impacting how certain theft offenses are classified.
• Negotiation and Litigation: Leveraging Mr. Scrivner’s prosecutorial experience to negotiate favorable outcomes or, if necessary, vigorously defend clients in court.

Understanding Merchant’s Privilege

Missouri law grants merchants the right to detain individuals suspected of shoplifting under specific conditions. According to § 537.125 RSMo, a merchant may detain a person in a reasonable manner and for a reasonable period if they have probable cause to believe the person is committing theft. This privilege allows merchants to recover merchandise and contact law enforcement.

In a notable case, the Missouri Supreme Court upheld this privilege, stating that a merchant’s right to detain does not end once the merchandise is recovered but extends to summoning police and initiating criminal proceedings.

Understanding the scope and limitations of this privilege is essential in formulating an effective defense strategy.

Potential Defenses Against Shoplifting Charges

Several defenses may be applicable in shoplifting cases, depending on the specific facts:

• Lack of Intent: Demonstrating that the accused did not intend to steal, which is a required element of the offense.
• Mistake or Accident: Arguing that the alleged theft resulted from an oversight, such as forgetting to pay for an item.
• Violation of Rights: Challenging the admissibility of evidence obtained through unlawful detention or search by store personnel.

In Schwane v. Broger Company, the court recognized that willful concealment of property creates a presumption of intent to steal; however, this presumption is rebuttable by evidence suggesting a lack of intent.

Why Choose Scrivner Law Firm?

• Prosecutorial Insight: Mr. Scrivner’s experience as a former prosecutor provides a strategic advantage in anticipating and countering the prosecution’s approach.
• Local Expertise: With a practice focused in Taney, Stone, and Christian counties, the firm has established relationships within the local legal community, enhancing their ability to navigate the regional court systems effectively.
• Client-Centered Approach: The firm is committed to providing personalized attention, clear communication, and unwavering support throughout the legal process.

Contact Scrivner Law Firm Today

If you or a loved one is facing shoplifting charges in Taney, Stone, or Christian counties, don’t navigate the legal system alone. Contact Scrivner Law Firm at (417) 699-0074 to schedule a confidential consultation. Let our experience and dedication work for you in securing the best possible outcome.