Skip to main content

SHOPLIFTING

Los Angeles, CA |

I was caught with a $2000 bag in an store in Beverly Hills.
I didn't have the intention to take it.
But according to my lawyer the tape is an evidence against me.
Should I go to trial and tell my story even the tape show something different?

+ Read More

Attorney answers 4

Posted

I am assuming you are being charged with grand theft? You may be able to reduce to a misdemeanor or you may be able to get a diversion program.

I know your lawyer says tape shows differently, why don't you watch it and see what you think?

Read my shoplifting guide maybe there's a defense there.
http://www.avvo.com/legal-guides/ugc/petty-theft---what-you-should-and-should-do-and-other-helpful-hints

Elliot Zarabi
www.zarabilaw.com
213-612-7720

Asker

Posted

Hi, tank you for your answer. It's already reduced to misdemeanor. The DA offered me a deal that included probation, community service and one o two days of jail. But I didn't have the intention!! I watched the tape. It was an expensive bag I was carried on my arm and I forgot about it.... My lawyer says the tape show in one point when I paid for other merchandise that I left the bag on the floor "hiding" from the cashier.

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

Posted

The same thing happened with my mom once; forgetfulness is not intent. Could you afford the bag?

Asker

Posted

Yes, of course

Asker

Posted

I offered to pay for when they stop me. It is in the police report

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

Posted

I don't know all the facts of your case, especially like your attorney. But if you want to run your facts by me, I'd be glad to give you a consultation. Do you have a private attorney or a public defender?

Asker

Posted

Sure, I would like to have a consultation with you.

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

Posted

Call me at the office right now, leave a message with my free hours receptionist and I will call you tomorrow after I get bak from Malibu Court. 213-612-7720

Posted

Your current lawyer will be in the best position to tell you what your case looks like. But, obviously, if you don't trust their judgment, that's a problem.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

Asker

Posted

Thank you for you answer. Well, he has an opinion base in what the tape shows. Of course he said he doesn't know what happened inside of my head.

Matthew Murillo

Matthew Murillo

Posted

And that's the issue. As Mr. Zarabi eluded to, no one, except you, knows what you were thinking. The DA essentially must be able to prove that you intended to steal the bag and he must convince a jury that you INTENDED to do so.

Asker

Posted

The only thing that the DA has is the tape. And the only thing I have against the tape is my testimony.... Difficult decision: take a plea bargain for something I didn't do o go to trial. What do you think?

Matthew Murillo

Matthew Murillo

Posted

I think it depends. Are you willing to risk a full term sentence? That's what you have to consider. The sentence you are offered now is t necessarily what the punishment will be if convicted by Jury.

Matthew Murillo

Matthew Murillo

Posted

I think it depends. Are you willing to risk a full term sentence? That's what you have to consider. The sentence you are offered now is t necessarily what the punishment will be if convicted by Jury.

Asker

Posted

Base in your experience, will the jury take in consideration my testimony, I didnt have the intention and i was willing to pay when they caugh me against a video that show I did it?

Matthew Murillo

Matthew Murillo

Posted

If its admitted, the jury has to take your testimony into consideration. How much weight they give it depends on the jury that is ultimately selected.

Posted

At trial, the jury will likely view the video tape as the best evidence in rendering a verdict. If you believe you can reasonably justify your actions on the tape and you don't feel comfortable with the plea bargain, then your only remedy is a jury trial. d

Asker

Posted

Thx for your answer.

Posted

If you did not yet leave the store, as you indicate you were still in the store, I am unclear how this case is being brought at all. Did you have a chance to pay for the bag? Were you arrested merely for carrying the bag around the store? Putting that issue aside, intent may be established by circumstantial evidence, so merely saying, "I did not intend to take the bag" really does not work. As to the video tape, I find such tapes usually only show you in the store walking around, which certainly does not establish the crime (unless you are also being charged with trespassing). As to going to trial and "telling your story," be careful. Jurors will lose patience with you quickly if your testimony wastes their time or appeals to sympathy. Be careful.

Asker

Posted

Thank you for your answer. You are right. I have to think about it. Thanks again.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer