Legal Question in Criminal Law in California

Technically? No. But if you didn't leave the store, how would they prove you intended to steal?

But could they still prove it? Sure. If you opened a package & hid the item in your pocket or purse, it sure looks like you had no intent to pay.

Mr. Dane is correct. If you were to eat the item, such as in a market and then you proceed to the checkout and not pay for the item when asked about it, you could be arrest before leaving the store.

No. However the prosecution must prove you INTENDED to permanently deprive the store of the item(s). There are several ways that a DA would try to prove that element. As a Former Deputy District Attorney myself, with over 26 years of experience handling these types of cases, the cases where the items were NOT removed from the store are in the vast minority of cases. I would have to hear all the facts to further advise you. I wish you well........David

No. Many cases are prosecuted on 'intent' to steal and leave. The facts will determine if you can be convicted.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.