What is my legal defense against shoplifting charges? 6 Answers as of February 16, 2012

It does not matter if the guard saw you place the items in your bag. If you were leaving the store with items you did not pay for, you are commiting a larceny- get a lawyer.

A lot depends on what the prosecutor thinks and you past criminal history, including any juvenile charges. You might get lucky and walk away without a criminal charge.

You seem to want to minimize your guilt and find a way to avoid the fact that you are a bad decision maker and a thief. Retain a good lawyer and spend the money to try to get an ACD dismissal or you will have a criminal record for theft that will prevent you from getting g a decent job for the rest of your life. You are not innocent, you are guilty. You are young and do not want to accept responsibility for your actions. With a good lawyer you will be able to avoid having a criminal record, but you will have to maker better decisions in the future. You risked your reputation and future for a few dollars. You embarrassed your family and hurt your parents who now have to pay for your mistake. If you learn from this lesson and never commit a crime again it will be a learning experience. If you continue to be a thief you will not be successful and will end up in prison.

The store employee is not under the same legal restraints as police. He can detain you for reasonable amount of time. Once he finds items he can call police. Your prior record will determine the outcome. Worst case scenario is plead guilty to misdemeanour and 6 month probation, fine, court costs.

Reputable lawyers are not in the habit of creating "defenses" for clients. You should seek a consultation with an experienced lawyer who will listen to all of the facts that occurred and if retained advise you on a trial strategy or negotiate a plea bargain on your behalf. It may be possible to have the charges reduced to something that will not leave you with a criminal record and could possibly be dismissed and sealed.

You should contact an attorney and not make public statements on this forum regarding the facts of the case since they could theoretically be used against you. That being said if you had the items and no proof they were paid for the security guard would not have to actually see you place them in your bag. However, a $40 theft if it is your first offense will likely be dismissed with an Adjournment in Contemplation of Dismissal (ACD).