Arrested for Shoplifting in New York?

Why the Defense of “Mistake” May Be Your Best Friend

Getting arrested for shoplifting, officially referred to as “larceny” under New York Penal Law § 155.00, can be an overwhelming and stressful experience. This situation can trigger fears of jail time, embarrassment, loss of employment, or damage to a professional license. 

However, not all shoplifting accusations are rooted in intentional theft. Many arise from honest mistakes, particularly in the era of self-checkout systems.

Understanding the legal intricacies of shoplifting charges and the available defenses is crucial to safeguarding your rights and your future. Below, we’ll explore how the defense of “mistake” can be a powerful tool and why hiring an experienced attorney like Randall F. Inniss, a former 22-year New York State Trooper, can make all the difference.

The Rise of Self-Checkout Shoplifting Arrests

The increasing prevalence of self-checkout systems in stores like Walmart, Target, Home Depot, and Lowes has inadvertently led to more shoplifting accusations. These systems, while convenient, are not foolproof. Shoppers can unintentionally miss scanning items due to distractions, unfamiliarity with the technology, or simple human error.

Imagine juggling your shopping list while tending to children, managing phone calls, or dealing with crowded aisles. It’s easy to assume an item has been scanned when it hasn’t. Unfortunately, such mistakes can trigger accusations of theft, as loss prevention agents closely monitor customers through surveillance systems.

Shoplifting: A “Specific Intent” Crime

Under New York law, larceny is a “specific intent” crime. This means that to be found guilty, the prosecution must prove that you not only took the property but also that you intended to permanently deprive the store of that property.

Here’s where the “mistake” defense comes in. If you did not intend to steal— such as believing you scanned an item when you did not — it challenges the prosecutor’s ability to establish the required intent. Unlike “general intent” crimes, where the act itself is enough for conviction, “specific intent” crimes require proof that the defendant intended the resultant conduct: an intent to permanently deprive (versus a mistake or error). 

This distinction can be pivotal in shoplifting cases, making the “mistake” defense a rarely available yet powerful defense strategy.

Advantage and Insight: Hiring Attorney Randall F. Inniss

For individuals arrested in the Hudson Valley counties of Orange, Dutchess, Rockland, Ulster, Westchester, Putnam, and Sullivan, attorney Randall F. Inniss of The Inniss Firm, PLLC, brings a rare background and perspective in defending shoplifting cases. 

As a former New York State Trooper who served for 22 years, he has personally handled or assisted in countless shoplifting arrests. His firsthand knowledge of investigative tactics, loss prevention methods, and store procedures gives him insight, and arguably his clients, an edge in building a robust defense.

A skilled defense attorney with over 2 decades with the state police can provide the following advantages:

• Deep Insight into Loss Prevention Tactics: Loss prevention officers often monitor customers using covert surveillance, review security footage, and document alleged incidents. They may even ask suspects to sign admission forms, which can be used against them later. Attorney Inniss’s familiarity with these tactics allows him to anticipate and counter the prosecution’s evidence effectively.
• Extensive Experience with Shoplifting Arrests: Having responded to numerous shoplifting calls from big box stores and malls in towns like Middletown, Newburgh, Poughkeepsie, and West Nyack, Mr. Inniss understands the nuances of these cases. He knows what evidence to scrutinize, from receipts to surveillance footage, and how to challenge the prosecution’s narrative.
• Proactive Defense Strategies: Attorney Inniss and his team at The Inniss Firm, PLLC, thoroughly investigate each case. By leveraging his law enforcement background, he can identify weaknesses in the prosecution’s case and advocate vigorously for a favorable outcome.

Addressing Common Fears

Understandably, shoplifting arrests often come with significant emotional and professional concerns. Clients frequently worry about:

• Jail Time: While jail is always possible, many first-time offenders can avoid incarceration with the right legal defense and representation.
• Embarrassment: An arrest can be humiliating, especially if it happens in public or shows up in print (newspapers) or digital news accounts. 
• Loss of Employment: A criminal conviction can jeopardize certain jobs or future career prospects. It can particularly be a concern for those in licensed professions (e.g., nursing, teaching, medicine, etc.)
• Potential Disciplinary Impact on Professional Licenses: A conviction can trigger disciplinary actions against state-issued licenses or certifications, endangering your livelihood or future job prospects.

By working with attorney Randall F. Inniss of The Inniss Firm, PLLC, you can address these fears head-on. Attorney Inniss understands what’s at stake and will fight to protect your rights, reputation, and future. The vast majority of his cases are resolved without a hearing or trial. 

Loss Prevention Tactics: Don’t Sign Documents!

When detained for shoplifting, loss prevention officers may ask you to sign statements admitting guilt or agreeing to civil penalties. They may lead you to believe that signing documents can help you at that moment. Resist the urge to sign anything. These documents can be used against you in court. Instead, consult with an experienced attorney such as The Inniss Firm, PLLC immediately.

Locations We Serve

If you’ve been arrested for shoplifting in the Hudson Valley, The Inniss Firm, PLLC, is here to help. We serve clients in:

• Orange County (Middletown, Newburgh, Wallkill)
• Rockland County (Clarkstown, West Nyack, Ramapo)
• Dutchess County (Poughkeepsie, Beacon)
• Ulster County (Kingston, New Paltz)
• Westchester County (New Rochelle, Mount Vernon)
• Putnam County (Carmel, Brewster)
• Sullivan County (Monticello, Liberty)

We service additional counties such as Columbia and Greene on a case-by-case basis.

Whether your arrest occurred at the Galleria Mall in Middletown, the Palisades Center in West Nyack, Woodbury Common Premium Outlets, or big box stores such as Wal-Mart or Target in Kingston or beyond, we have the experience to assist you.

Take the First Step: Complimentary Strategy Session

Facing a shoplifting charge can feel overwhelming, but you don’t have to face it alone. The Inniss Firm, PLLC, offers a complimentary strategy session to review your case and discuss your options. During this session, we’ll outline potential defenses, including the “mistake” defense, and help you understand the next steps.

Protect Your Future Today

A shoplifting arrest doesn’t have to define your future. With the right legal representation, you can fight the charges and protect your reputation. Attorney Randall F. Inniss’s rare combination of law enforcement experience and legal skill makes him uniquely qualified to defend your case.

Contact The Inniss Firm, PLLC, today to schedule your complimentary strategy session. Don’t let a mistake at self-checkout or a misunderstanding derail your life. Take control of your future by calling our office now. 

Call us today at (845) 533-0265 or 877.XTROOPER (877.987.6673)