Introduction:
You were stopped by security. They showed you a video. Maybe you admitted to taking something, or maybe you said nothing at all. Now you’re facing a shoplifting charge and wondering if there’s any way out.
Shoplifting, or theft under $5,000, is one of the common first-time arrests in Alberta. It can feel minor, especially if the item was small or returned. But make no mistake, a conviction can have lasting consequences. And even if you were caught on video, pleading guilty might not be the better option.
In this article, we explain how shoplifting cases work, how video evidence is handled, and what alternatives may be available to protect your future.
Table of Contents
Does Video Automatically Prove Guilt?
Not necessarily. Surveillance footage may appear convincing, but it must meet legal standards to be admissible in court. The prosecution must show:
- The video is clear and unedited.
- The footage can reliably identify you.
- The chain of custody (how it was handled) is intact.
Sometimes, video lacks context. For example, showing you place an item in a bag but not whether you paid for it. In short: being on video is evidence, but not a conviction.
Do You Have to Plead Guilty?
No. In Alberta, you may qualify for Alternative Measures Programs (AMP) which offers a way to resolve the charge without a criminal record. These programs are available in certain cases and may involve:
- Community service hours.
- A letter of apology to the store.
- Educational or theft awareness programs.
- Returning the items or paying restitution.
Once complete, the charge can be withdrawn, allowing you to avoid a conviction.
Why Pleading Guilty Can Hurt You:
People panic when they are arrested and believe that admitting guilt will be fine. In reality, it creates a permanent criminal record which can affect:
- Employment and background checks.
- Immigration status in Canada.
- Future travel to the U.S.A. or elsewhere.
Before making any statements or decision, it’s crucial to speak with a lawyer who can assess your options, especially if it is your first offence.
What If You’ve Been Charged?
If you’ve been charged with theft under $5,000, your lawyer can request disclosure (evidence from the Crown), including:
- Any surveillance video.
- The store’s internal report.
- Any witness statements.
- Police notes from the arrest.
With this information, your lawyer can evaluate whether the evidence holds up, and whether you may qualify for diversion or a negotiated resolution.
Even if the case proceeds to trial, the prosecution must prove both the act and your guilty mind beyond a reasonable doubt. If video is unclear, or does not capture the entire incident, these issues may form the basis of a strong defence.
Final Thoughts:
Shoplifting charges may feel small, but their consequences can be big. If you’ve been caught on camera, don’t assume the outcome is decided. You may still have options that protect your record, your freedom, and your future.
At Shim Law, our Calgary criminal defence lawyers help clients resolve their shoplifting cases with discretion and dignity. Whether through diversion programs, negotiations, or trial, we’ll work with you to pursue the best possible outcome.
Charged with shoplifting? Call us to learn about your options: (825) 521-9666.
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