Can I fight a theft charge if I hadn't yet left the store with the merchandise?

[Starleena]

What is the name of your state (only U.S. law)? Ohio

I was in a local store and for whatever reason, concealed a few items. The employee suspected that I had taken them because she had found a few empty packages in the bottom of the trash can when I came out of the bathroom. (I removed the items from the packaging and hid them on my persons.) She went immediately into the restroom following me, came right out and up to me and told me to go to the office with her so the police could be called. At first, I denied taking anything and the officer didn't find the items when he searched me, however told me that if I didn't produce the items, he would take me to the police department to have a woman officer do a better search and even a strip search, if necessary. He then went on to tell me that if the items were found at the station, I would not only be charged with a first degree misdemeanor theft, but a felony obstruction charge as well. I don't know if that was just to scare me or or if it is true, but I didn't want to find out over a few pointless items. So, I gave them the items. I was arrested and taken to the station for a report to be filed, charged with a First Degree Misdemeanor Theft and received a summons for court. My question is... Can I fight this or at least get the charge dropped since I never left the store? Didn't even get a chance to. I always thought that they couldn't charge you with theft unless you left the store with the items, without paying. Because you still have time to change your mind and not follow through with it... I could be wrong, of course, and that is why I am asking.. I am wanting to know so that I know how to proceed in court on Tuesday. If this charge is legit and accurate the way it is, I will just plea guilty to save myself money. However, if there is a good chance in getting it reduced, then I will plea not guilty and ask for an attorney. Thank-you for your time.

 

[swalsh411]

Intent is sufficient in some States, meaning you do not have to physically leave the property. What is the exact code you were charged with?

 

[ShyCat]

My question is... Can I fight this or at least get the charge dropped since I never left the store?

That "defense" is very unlikely to have any effect. But sure, go ahead and try it. The prosecutor and judge might need a good laugh that day.

I always thought that they couldn't charge you with theft unless you left the store with the items, without paying.

Just another self-serving misconception among petty thieves.

 

[FlyingRon]

Ohio statute allows them to detain suspected shoplifters explicitly. You do NOT have to be caught OUTSIDE the store. They are authorized to do so WITHIN or in the immediate vicinity of the premises.

While Ohio doesn't have an explicit concealment clause in the theft statute, the statute is written broadly enough to include that. It says if you take control of an item for the purpose to deprive the owner of it, it's theft. You don't even need to conceal it. If you start waking to the door with it in plain sight they can arrest you. The problems come proving the intent. Concealment is a good sign that you didn't intend to pay. Other times, they're probably safer showing you bypassed the ability to pay for it before assuming you had intent to deprive.

 

[tranquility]

Concealment after removing the item from packaging is a great set of facts to show intent. Imagine a jury, what would they think you were doing?