A school teacher was accused of Shoplifting from a Stop & Shop grocery store. The woman visited the supermarket to do weekly shopping for her family, which consisted of her husband and three small children. After selecting all of the groceries, the woman received a call on her cell phone.
While talking on the phone, she proceeded towards the cash register area of the store. Instead of getting in line to cash out, she pushed her carriage full of groceries towards the exit of the store. A Loss Prevention Agent detained her before she left the store. The woman was completely apologetic for her actions and claimed that she had no intent to steal anything, but was simply distracted by her phone call. She offered to pay for the groceries immediately and had the financial means to do so on her person.
The store refused her offer and contacted police. An Officer arrived on scene and charged the school teacher with Shoplifting. A criminal conviction for such an offense could adversely impact the woman’s teaching certificate, as well as her employment with a local city school department.
The teacher and her husband retained the services of Attorney John L. Calcagni III to represent her in this important matter. Attorney Calcagni developed a defense that focused on the woman’s lack of intent to steal and her background information such as her marital status, children, employment and certification as a school teacher, financial ability to pay for the groceries, offer to pay at the time of her attention, overall embarrassment and humiliation from this experience, lack of criminal record and honest mistake.
Based on these factors, Attorney Calcagni successfully advocated for the dismissal of this case.