[VIDEO] Does the Store Have to Have Video for a Shoplifting Case?

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Video Transcription

Hello, my name is Andrew Flusche. I’m your Virginia defense lawyer. Does the store have to have video for your shoplifting case? No. Unfortunately the store is not required to have video evidence to prove that you did shoplift. They just have to prove with some credible evidence that you did what your accused of. In some cases this will mean that they’ll have video surveillance footage to show that you concealed the merchandise, or alter the price tag, or simply walked out of the store with it. That certainly is evidence that can be brought into court if they lay the proper foundation for the video, which means they have to authenticate where the video came from, that it hasn’t been tampered with, et. Cetera. They are not required to have video evidence. This is a misconception that people have. I guess from watching TV, crime shows on TV where you see video evidence, hard evidence so to speak, of DNA, fingerprints, and things like that.

In realistic cases, especially in misdemeanor cases usually the evidence is someone testifying. The loss prevention officer takes the stand and says that they were observing the camera and saw you shoplift or they say that they were following you through the store and saw you put something in your bag that you hadn’t paid for, something like that. That typically is the kind of evidence that you’re looking at being against you. There’s no video evidence required for a shoplifting case. Now if there is video that’s definitely something if there’s an issue about whether or not you did the act. That’s definitely something your defense lawyer should be watching so we can see does the video actually show what they’re accusing you of. Sometimes the video is not clear or it may not actually show what your being accused of.

That’s in a nut shell. There doesn’t have to be video but if there is a video that’s definitely something we should consider whether or not we should need to pursue and watch to defend your case properly.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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