Caught Shoplifting

Emma B. writes: "I was caught shoplifting three bracelets and a watch from my local Target and was caught. Now they're supposedly pressing felony charges against me because the items cost more than $400 dollars. The court has offered me a lawyer since I don't have the money to hire my own (they cost so much an hour!) but I wonder if that's the best way to go. What do you think?"

Deciding whether or not to go with the counsel that the court has assigned to you and your case can be a trickly slope to climb. I've had experience working as a court appointed lawyer in the past, and I'm good -- so you have to imagine that you'll have a pretty good chance at getting a decent lawyer assigned to you. You also have to remember that this is not a murder case. This is not a divorce case. This is a shoplifting case. There are only so many ways a lawyer can try this case, and getting creative with something like this is traditionally not advised. That being said, going with the court appointed lawyer is not a bad decision to make if you aren't financially able to hire your own.

I must also mention that this case can only be classified as a "felony" if the items you stole exceed $500. If the items you stole only cost $400 collectively, this is a misdemeanor case and you should make sure any lawyer you hire/are assigned knows what he/she is doing in this matter. Any good lawyer faced with defending a misdemeanor shoplifting case should be able to get you off with paying a $500 to $1000 fine and probation of some kind.

If you do, however, have the money to hire a lawyer of your own for this case, I have known some individuals to win shoplifting cases by suggesting any number of ailments afflict the defendant. For example, if you were to have dementia of some kind or be afflicted with the early onset of Alzheimer's disease...the lawyer could try the case and convince the court that you thought you were actually in your own home picking out your own bracelets and watch for the day ahead. A lawyer could also introduce evidence of other witnesses (whom your lawyer would encourage to testify with monetary encouragement -- which is done sometimes) who would testify that you only took the items after one of the clerks told you about a free giveaway on this particular day only. Finally, if your lawyer wanted to get you off completely without any fine whatsoever, he or she might argue that you have a disease called Dacryocystitis -- a serious eye infection that affects the periorbital cellulitis (or lacrimal sacs of the eye) and which causes individuals to perceive one object as another object altogether. The argument, of course, would be that you thought you were reaching for your car keys when in fact you were reaching for bracelets and a watch instead...but it was beyond your control since you have the disease. Especially in a jury case, using disease as a way out is always helpful. If you have the right lawyer, that is, to get creative.

As you can see, there are many ways to beat a shoplifting rap -- and if you have the money for a top-shelf lawyer then you might want to go this route. But court appointed counsel is good too, Emma.

So have faith in the justice system and good luck!