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Whether or not the charges will be dismissed depends more on the weight of the evidence against you and how the prosecutor feels in the likelihood of obtaining a conviction. A prosecutor is not going to drop charges against an individual due to their medical disabilities, unfortunately, though they are likely to consider that in a plea negotation.
Theft is an intent crime. That is, in order to obtain a conviction against you, a prosecutor would have to show that you intentionally took the item without planning on paying for it. Obviously, you can't steal an item that you own and that you brought into the store. And, the burden is on the prosecutor to prove your guilt -you do not have to prove anything as a defendant.
I think if you got a lawyer, you would have a good chance of getting this dropped. It's likely that Sears has video surveillance, and they may have you on camera walking in with this item. It's also possible this is an item they don't even sell, proving you couldn't have stolen it. Furthermore, I would imagine that your item did not look like a new item at all. Therefore, I think there's some very serious problems with this case.
Your first hearing is normally just an appearance where you are expected to enter a plea. You can plead not guilty and the court will set the matter for a later date. If you don't have and can't afford an attorney, your first court appearance will be your opportunity to request a court appointed lawyer.
Alternatively, you can hire a private criminal defense lawyer before your court hearing who can likely enter a plea of not guilty for you and waive your appearance at the hearing and begin negotiating with the prosecutor to try and get the case dismissed.
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You actually did accept my previous answer, but you can ask follow-up questions. What did you want to know?
Assuming they have video (and larger stores often do) the reason they didn't show you is because they're under no obligation to show you. Now, if you get a lawyer, they can demand any evidence the state intends to present in bringing their case, and that would include video.
Were they trying to bait you? Maybe so. If they could get you to sign something that says you stole the item, then that could be used against you. I have my doubts as to that being an "add on" item for Sears, too.
It's going to take more than mere suspicious behavior for them to get a conviction, though, and I don't think they can demonstrate that you took it from their store.
No problem on the follow up questions. Both of those things might be helpful, yes, epsecially if you have an attorney who is trying to get the charges dropped, if you have witnesses who will sign affidavits, for example, that they remember you having it in your possession that day that will help show you didn't take anything.
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