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 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."
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.
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 will have to 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.
Contact us now to
schedule an initial consultation with
Salt
Lake defense attorney Stephen Howard.

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