The holiday shopping season is already here, and it won’t be long before the stores start feeling crowded. Between chaotic aisles, long checkout lines and the rush for bargains, shopping can get hectic – and mistakes can happen. Unfortunately, misunderstandings can lead to accusations of shoplifting.
But can you actually be charged with stealing something if you never left the store?
Michigan law doesn’t require you to leave with something
Under the state’s retail fraud laws, codified in MCL 750.356c and MCL 750.356d, you don’t necessarily have to walk out of a store with something you haven’t paid for to face criminal charges. What matters is only whether the prosecutor can establish that you had the intent to steal the merchandise.
Shopping can become shoplifting in several different ways. Switching price tags, attempting fraudulent returns, concealing items on your person without paying for them and similar acts can all lead to prosecution. While simply picking up an item and carrying it around with you for a while as you consider buying it doesn’t speak to criminal intent, tucking it in your pocket while you continue to look around might support the accusation.
Mistakes can happen, especially when shoppers are rushed
During the holiday shopping rush, innocent actions may appear suspicious to store employees or security guards. You could accidentally place an item in a shopping bag as you adjust your scarf and forget it was there, or your child could sneak a toy into their stroller when you aren’t looking. Then, even though you haven’t gone past a register or tried to leave the store, you could find yourself in a very uncomfortable situation with store security.
If that happens, remember that an accusation does not establish your guilt. Because retail fraud can be charged as a misdemeanor or felony depending on the value involved, it is wise to invoke your right to remain silent and ask for an attorney. Do not sign any statements given to you by the store security officer or management. Do not attempt to explain yourself. An experienced criminal defense attorney can help you understand your rights and the real strength of any evidence against you.