Shoplifting Case Study
Whether organized retail theft under § 18.2-103.1 required proof of a prior agreement between the defendants.
The court affirmed the organized retail theft conviction, finding that the prosecution had proven beyond a reasonable doubt that the defendants acted in concert pursuant to a prior agreement to commit retail theft. The court held that the agreement need not be explicit — it can be inferred from the coordinated conduct of the defendants.
Organized retail theft carries higher penalties than simple shoplifting. D.J. Rivera challenges organized retail theft charges by scrutinizing the evidence of a prior agreement between the defendants — distinguishing between coordinated conduct that was agreed upon in advance and independent conduct that happened to occur simultaneously.
This case involves § 18.2-103.1 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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