Could be or not. Did you go through line without paying? What were you doing when you picked the items up? Did you go through security system and ring it and were caught before you left? I would have to see the police report to properly advise you. You very well may have a defense but there are other factors I would have to see to properly answer this question. If you did not intend to steal anything and you have a good explanation then you may very well go to trial and be exonerated. Hire a lawyer asap.
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I agree with my colleague. Additionally, you need to immediately retain a defense attorney because you sound as though you may have defenses in your case. Good luck.
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Theft can be boiled down to intentionally taking someone else's stuff either temporarily or permanently without the owner's permission. An attempt also counts the same. This is a fact determination for a jury to ultimately decide. If the defendant is past all pay counters heading out, the state attorney will use that evidence to try to convince the jury. Get a lawyer working on this asap. The Ferraro law Group handles cases in this jurisdiction.
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You don't have to exit the building to be convicted of theft (larceny, shoplifting etc).
Having the money in your pocket is NOT a strong defense.
The law will look to the prosecutor to see if it can be established that you formed the intent to steal (i.e. you decided to steal something) then you acted on that intent.
Get a criminal defense attorney IMMEDIATELY if you have been charged.
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The State can always try to make that case, however there is a good defense. Contact an experienced defense attorney to help you with your case. Review my website to see if it answers any questions you may have.
It is grand theft if you attempted to deprive Walmart of its property and the total dollar value of all items exceeded $300.00. It will be relevant to your defense the reason why you were near the exit door, particularly if you had to pass by the last point of paying to get to that point. I agree with my colleagues that you need to retain a criminal defense attorney to ask you the right questions and properly advise you about available defenses.