It is not uncommon to occasionally become distracted or forgetful. Still, if this forgetfulness leads to unintentionally leaving a store without paying, it can have serious consequences. Can simply claiming “I forgot to pay” protect you from shoplifting charges?
It may not be enough to clear you of charges
In North Carolina, shoplifting is a form of larceny, which involves taking someone else’s property without their consent and intending to keep it permanently. Penalties often include fines of up to $1,000, jail time of up to 45 days for first offenses and longer sentences awaiting repeat offenders.
The “I forgot to pay” defense is typically not strong against shoplifting charges. The law assumes that if you leave a store with unpaid merchandise, you intend to steal it. This makes it challenging to use forgetfulness as a defense.
Some factors might support a “forgot to pay” claim. For instance, you may argue that there were visible distractions in the store, or that you had personal emergencies or medical conditions affecting memory. Even with these factors, courts often view this defense skeptically as it is a common excuse used by actual shoplifters.
Seeking stronger defense
If you are facing shoplifting charges, it is essential to get legal help immediately. While “I forgot to pay” might not work as a standalone defense, a skilled lawyer can use it as part of a broader strategy. They may argue a lack of intent or explore alternative explanations for the incident. This way, you can protect your rights and reputation.