Friday, June 29, 2012

What is probable cause in a shoplifting case? part 2

Our Bergen County lawyers are known for working in divorce, employment, and criminal defense cases.  In our previous post we introduced probable cause and its importance in shoplifting cases. If you've been charged with shoplifting, its important that you speak with an attorney right away about your rights.
There are a number of steps that a merchant must go through to show that they had probable cause to bring shoplifting charges against someone.

1. They must have observed the person select the item from the store. This is how they can establish for sure that the item came from their store.


2. They must have observed the person conceal the item. This might include putting something in your purse or pocket, or removing the tags from something and then attempting to leave with it in plain sight.


3. The person must have attempted to leave the premises without paying for the merchandise while still under surveillance.



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