Self-checkout machines and theft charges have been an increasingly common issue across Indiana. Whether you are checking out groceries at a Walmart in Fort Wayne or you are hurrying to get home from a day of work in Carmel and are passing through a gas station self-checkout, it is important to understand the full extent of self-checkout theft charges in Indiana.
At Blankenship Law, LLC, we are here to protect your rights and defend you no matter what.
How Self-Check Out Technology Errors and Malfunctions Lead to Shoplifting Charges?
According to a recent study, around 27% of self-checkout users surveyed admitted to intentionally taking items without first scanning them, which is up 15% from a study done in 2023.
However, despite these numbers, it is important to keep in mind that machines malfunction, and when they do, humans often pay the price. In situations where an error or malfunction leads to shoplifting charges, you need to protect yourself by hiring an attorney. The most common ways self-checkout mistakes can trigger allegations of shoplifting include:
- Wrong products: For many self-checkouts, users are required to manually enter codes for bulk items or produce. If you are distracted or there is a simple mix-up of codes and quantities, then you could be charged with shoplifting even though you have made an honest mistake.
- Unscanned or misplaced items: It is easy to miss certain merchandise in your basket or cart. Maybe a case of toilet paper is on the bottom rack of your cart, and you forget to scan it, or a small tube of lipstick gets lost in a pair of new sneakers. In these cases, you are genuinely not trying to steal, but security might flag you down and accuse you of shoplifting.
- Scanner or computer errors: Sometimes, the barcode scanner on a self-checkout machine does not work or freezes. You may be thinking you have scanned every item, when in reality, you actually missed a few. This can lead to shoplifting charges.
- Issues with weight sensors: Most self-checkout machines are equipped with weight sensors that can detect any unscanned items placed in the bagging area. Yet, none of these systems is completely foolproof. If the machine is not correctly calibrated or you reposition items to make more room, it could lead to you being accused of shoplifting.
Defenses for Shoplifting Charges in Indiana
When you are accused of shoplifting at a self-checkout in Indiana, there are a number of defense strategies that can be used, depending on what exactly led to the accusation. These defenses can include:
- Mistake of fact: This defense can be useful in cases where you truly believed you had scanned all of your items and did not realize something was left unpaid. In these cases, we can work to show that the alleged shoplifting was actually a simple mistake.
- Lack of intent: If a machine malfunctioned or you otherwise had no real intent to steal, your attorney can uncover evidence to prove this fact.
- An error was made by the store: Retail settings can prove to be chaotic. Store employees might mistake you for someone who truly did steal an item at a self-checkout or misinterpret what they saw on the machine’s surveillance camera.
About Blankenship Law, LLC
With over 25 years of experience, the team at Blankenship Law, LLC has been serving in the criminal law system of Indiana. As former prosecutors, we know how both sides of the courtroom operate and can use this knowledge to the benefit of our clients. Nothing is more stressful than finding yourself on the wrong side of the law when you know you are innocent, and self-checkout theft charges are frustrating, to put it mildly. Thankfully, we are here to help.
FAQs
Will I Go to Jail for Shoplifting in Indiana?
In Indiana, there is always the potential that you could go to jail for shoplifting, but this only happens in rare situations. Your chances of being sentenced to a certain amount of jail time following a shoplifting conviction in Indiana will likely depend on whether you have a prior criminal record, the value of the property involved in the alleged shoplifting, and whether there are any accusations of force used.
How Much Does It Cost to Hire a Theft Lawyer?
To hire a theft lawyer in Indiana, costs can vary based on the exact nature of your case and the skill level, education, and experience of your defense attorney. Keep in mind that factors such as the amount of property involved in the alleged theft, the duration of your case, and your case’s overall complexity can all affect the final cost analysis of your lawyer.
What Evidence Will the Prosecution Use to Convict Someone of Self-Checkout Theft?
In cases of alleged self-checkout theft, there are a number of forms of evidence that the prosecution can use to try to obtain a successful conviction. These forms of evidence can include camera videos from the checkout machine itself, statements made by witnesses, and testimony from both the arresting officers and store employees.
What Are the Penalties for Shoplifting in Indiana?
In Indiana, there are a variety of theft penalties you can face if convicted of shoplifting. You are likely to face some combination of probation, community service, fines, and restitution payments. The exact penalties you face depend on any prior record and the level of the offense. Keep in mind that you may also find it difficult to secure employment, as individuals with a permanent criminal record face a 30% unemployment rate.
Hire a Theft Lawyer Today
If you are facing theft charges related to an incident occurring at a self-checkout in Indiana, you need to hire a theft lawyer as soon as possible. It is crucial to have an attorney on your side who understands Indiana theft laws and who can protect you when you stand accused of shoplifting thanks to an error made by a self-checkout machine. At Blankenship Law, LLC, we are proud to offer free phone consultations. Contact us today to learn more about how we can help you.
