Legal Way to Beat a Shoplifting Charge from Walmart

If you have been caught shoplifting at Walmart, this publication explains how to beat a shoplifting charge from Walmart. This means avoiding jail terms, fines, and criminal records.

Before Walmart takes you to court, they have video footage of you shoplifting. The average holier-than-thou person will say, “fighting the charges is not worth it,” but the truth is that you can, and even get away with it.

As a shoplifter, you want to be sure that you can “do the time” if you get caught. Depending on the item value and your current criminal record, you may not be going to jail. But you could be fined or subjected to community service.

how to beat a shoplifting charge from Walmart

When Walmart will press charges

Walmart will not just charge you for shoplifting unless they have concrete evidence against you, coming from Vickie Martin, a Walmart retiree who started out as a cashier.

Walmart cashiers sometimes run the self-checkouts several times. And unless you shoplifted a small item by leaving it in the bottom of your cart, there is no chance that Walmart employees will apprehend and charge you with theft.

Suppose you shoplifted a small item you hide in your cart. If you immediately return the item, the loss prevention will not have you charged but you should pay for the item (to make it seem like it was not intentional).

However, if your shoplifting is clearly intentional, Walmart will call the police and charge you with shoplifting.

Read also: bypassing CVV is real!

A relatively small Walmart store loses up to millions each year to shoplifting. As such, you would expect Walmart to take theft very seriously.

Nonetheless, Walmart does not want to get sued over a false arrest. So, they need to be 100% certain that you intentionally shoplifted using surveillance video as proof.

Walmart’s loss prevention teams are trained to avoid making mistakes. They are still humans, so they cannot be too sure if you shoplifted intentionally or not, unless it is obvious on the camera.

How to beat a shoplifting charge from Walmart

Since Walmart is 100% sure that you shoplifted, they will come really hard on you. You need to do the following to be able to beat shoplifting charge from Walmart:

  1. Keep the allegations off social media

Avoid posting any allegations or facts on the internet concerning the charges. That said, your lawyer is the only person you should be discussing the issue with for advice.

If you decided to seek public opinion online, your information must not be accurate since you must not admit to shoplifting anything in public while there are pending charges that you want to plead “not guilty”.

  1. Prepare to please not guilty

You can always plead not guilty. Besides, it is your right for the state to be able to prove their case against you.

You need an attorney to represent you, even if a court-appointed attorney, but you have to be qualified for one.

You need to be willing to follow your lawyer’s advice to do anything legally possible to stop you from getting convicted for shoplifting at Walmart.

Read also: where to use stolen credit cards

A misdemeanor theft conviction on your record can ruin the rest of your life.

  1. Get an attorney

Hire an attorney immediately. Shoplifting is theft, which is a crime of moral turpitude. This crime can affect your credit, employment, or even your ability to rent an apartment.

You could also be eligible for a pretrial diversion. However, many lawyers do not even try to get the packet together.

  1. Keep it off your record

Depending on the Walmart store (though all Walmart stores operate similarly) and your previous criminal record (if any), you could be able to keep shoplifting off your record.

Most of the time, you do not need to enter a NOLO plea. A NOLO contendere plea, in this case, is a no contest plea where you decide not to contest Walmart’s shoplifting charge and just accept a punishment.

In Georgia, for example, you can only choose to plead NOLO once every 5 years. Try to avoid using it if you can.

  1. Look into a pretrial diversion

Consider looking into pretrial diversion and speak with an attorney about the possible factual or legal defenses you have.

An attorney will try to see if they can get the court to direct you into a diversionary program where you take rehabilitative courses on the dangers of shoplifting instead of serving jail time.

Nonetheless, you still have to pay court costs according to the court and your local shoplifting laws. You also pay for the diversion courses.

A diversionary program does not mean you got away with Walmart shoplifting without consequences. If you are approved for a pretrial diversion, you can qualify for filing a petition for an expunction to seal your record after successful completion.

  1. Develop a defense strategy

Your attorney needs to build a solid defense strategy from specific details of your shoplifting case.

To beat a shoplifting charge from Walmart, an attorney can use any of the common defenses below:

  • Insufficient evidence. Your attorney can have your shoplifting charges lifted if Walmart does not have enough proof to support the charge against you.
  • Lack of intent. Your attorney can argue that you accidentally left the Walmart store with an item without knowing. And if you can prove that the item belonged to you, the shoplifting charges may be dropped.
  • Duress. Duress defense can be used if you were forced or coerced by someone under threats of harm against you or your loved one to shoplift at Walmart.
  • Mistaken identity. Walmart uses security cameras to deter theft. However, you may be misidentified on the video recordings or by in-person witnesses, which your attorney can argue to beat the shoplifting charge.
  • Mental illness. Kleptomania is an uncontrollable impulse disorder to steal, which your attorney can use to argue on your behalf. If you are diagnosed with kleptomania, the judge can order rehabilitation instead of a jail sentence.
  • Returned item. If you attempted to return the item after getting caught, your lawyer can argue on this to beat the charges.
  • First offender. You can be sentenced to restitution and community service if this is your first retail theft conviction. You will not serve the jail term in this case.

An attorney can use Walmart-related issues for your defense

Defense strategies from Walmart’s errors can be used to beat shoplifting charges. Your attorney may consider the following strategies:

  • Walmart detained you for an unreasonable period.
  • Walmart’s testimony is not consistent or reliable.
  • Walmart employees used excessive force to apprehend you.
  • The shoplifting charges against you were not filed within the statute of limitations.
  • Walmart accused you of shoplifting despite replacing the item.

Note that the strategies do not always get the shoplifting charge dropped but can have the consequences reduced.

Read also: ways to send fake PayPal funds

Final thoughts

Usually, when Walmart charges you for shoplifting, they ban you from the various stores. If you show up at any of the stores, you can be arrested for trespassing since Walmart is private property and not public.

Leave a Reply

10 + seventeen =