Can a Utah retail theft charge be dismissed if I accidentally took something from the store?
Simply taking an item you have not paid for does not, by itself, constitute retail theft or shoplifting under the Utah criminal code. The most common Utah shoplifting cases require the prosecutor to prove that you took merchandise from a store with the “intention of retaining such merchandise” or with the “intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of such merchandise.”
Scenarios Involving Accident or Mistake
Perhaps you forgot about an item you had placed on the bottom of your shopping cart. Maybe you tried on a pair of sunglasses and left them on top of your head. When you are charged with shoplifting in Utah, you are presumed to be innocent. The prosecutor bears the burden of proving each element of the charge “beyond a reasonable doubt.” If it was an honest mistake, you are not guilty of a crime.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Most often, a prosecutor will not dismiss a case simply because you say you made an honest mistake. To convince a prosecutor to dismiss a charge without trial, your attorney should have solid evidence to support your position. But you may also find yourself facing the necessity of taking the case to trial. If so, having an experienced Utah criminal defense lawyer on your side can make all the difference.
Finding a Good Defense Attorney
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