In most cases, an experienced shoplifting lawyer can get your shoplifting charge dismissed completely or reduced to a lesser offense, such as “Littering.” The outcome of your case depends on many factors, but it is very likely that you won’t have to appear in court at all if you hire an attorney to represent you.
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Jul 10, 2021 · You may not think that you need an attorney for a shoplifting offense, but you may also not know the laws that pertain to shoplifting in your state. This could result in consequences that you didn’t expect and are far more severe than you anticipated. With an attorney on your side, you will be able to understand the charges and understand what your best defense options are, …
Nov 23, 2012 · The key factor appears to be bringing the attorney and the reasoning goes like this: the defendant obviously took this issue seriously enough to hire an attorney. That means they were worried, took it seriously and had to dish out the money for private counsel (as opposed to a public defender which is not available in theses circumstances).
You should be courteous and request to speak with your attorney. If they find the store merchandise on you, you will be transported to the local police station, be fingerprinted and either be release on your own recognizance (ROR) or a bail will be set by the Judge, depending on the dollar amount of the items you took. What Happens Next?
May 09, 2016 · In most cases, an experienced shoplifting lawyer can get your shoplifting charge dismissed completely or reduced to a lesser offense, such as “Littering.” The outcome of your case depends on many factors, but it is very likely that you won’t have to appear in court at all if you hire an attorney to represent you.
Witness Testimony. Another way to defend against shoplifting is to put doubt out that the eye witness saw the right person. The defense of mistaken identity is a valid one for many charges, and the lawyer will use the incident against the witness.
Shoplifting: 10 things you should never do if accused of shoplifting Never argue with store employees if stopped while leaving the store. ... Don't explain to them what happened. ... Don't offer to pay offer to pay at this point. ... Don't give them any personal information.Oct 31, 2016
The penalties for shoplifting depend on the value of the stolen goods. If you have prior criminal convictions, you could face a more severe charge, regardless of the value of the stolen goods. Jail time, prison time, fines, probation, community service, and a permanent criminal record are all possible.Aug 17, 2020
Many retailers, especially large department and grocery stores, use video surveillance. Cameras in and outside of the store can detect suspicious activity and capture evidence of the individual stealing.May 4, 2021
If you complete the pretrial diversion program successfully, the theft charges against you will be dismissed entirely. Then, once two years have passed, you can request that the charges be expunged from your record.
Originally Answered: Do stores track down shoplifters? Of course most stores track down shoplifters. They work hard to monitor would be culprits thru surveillance cameras aside from house detectives.
For a misdemeanor, the worst outcome possible could be up to one year in jail. However, for a misdemeanor offense, that is pretty uncommon. If it is a felony theft, or when the value of the stolen item is $1,000, then an individual could face a lengthy jail sentence, and fines up to $100,000.
A shoplifting conviction means you will have a criminal record. You may be offered a police caution as an alternative to prosecution. However, if you accept, this still counts as a criminal conviction. You make a bad name for yourself and can be banned from the particular store.
In most cases, an experienced shoplifting lawyer can get your shoplifting charge dismissed completely or reduced to a lesser offense, such as “Littering.”. The outcome of your case depends on many factors, but it is very likely that you won’t have to appear in court at all if you hire an attorney to represent you.
Stores Can Sue Shoplifters. A store can sue you for the expenses they incurred as a result of your shoplifting. Missouri law allows stores to sue shoplifters in civil court for restitution and damages.
An attorney will ask for your police reports and any videos that the state has against you.
If you are issued a ticket then you will have to appear in court on a certain date. If they charge you with serious theft then you will want to hire an attorney to help you. If you hire an attorney right when you receive the ticket they might be able to keep you from having to go to court.
This law states that a merchant has the right to file a civil lawsuit against a shoplifter for the costs that they incurred during the shoplifting process. Civil recovery is how a loss prevention department makes money.
If the local laws do not allow for them to touch you then they will contact the police and then you will have to deal with the cops instead. Make sure to stay calm and not make any sudden moves where they feel threatened because they might attempt to defend themselves.
Law Enforcement. Law enforcement is not always called to the scene. It really depends on how much was stolen, how you react, and the loss prevention officer’s mood that day. If a cop does come to the store they will attempt to interview you. You have the right to not answer anything and ask for your attorney.
You should hire a lawyer because shoplifting can be charged as a misdemeanor or as a felony. (commercial burglary). Additionally a lawyer may help you get a diversion program that would allow you to get the case dismissed.
In Michigan, the maximum penalties for a retail fraud, third, usually charged in alleged shop-lifting cases for merchandise with a value under $200.00, is 93 days in jail, probation up to two years,a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained , whichever is greater, or both imprisonment and a fine. MCL 750.356d. Please note, however, that these are the maximum possible penalties. Judges in Michigan misdemeanor cases have a wide latitude with their sentences up to the maximum pursuant to the applicable statute. Policies and practices vary widely depending on the judge and county. An arraigning judge usually advises a defendant of their maximum possible penalties pursuant to the law.
If you were not arrested by the police then they probably requested a clerk's hearing. If you can convince the clerk not to issue the complaint you will not get a criminal record. It is always wise to have an attorney present as it shows respect for the court process. It also shows that you realize the seriousness of the situation and the attorney may assist you in persuading the clerk to adopt an alternative disposition other than issuing a criminal complaint. If the complaint issues then you have to be concerned about how you plead and how the matter will appear on your record. There are many options to avoid a conviction but once the complaint issues it is on your criminal record. Consult an attorney.
If this is your first offense, it is likely that you will be allowed to plead guilty to some small misdemeanor. You may have to attend a class (that you will have to pay for), pay a fine and make restitution to the store if they did not get the item back already. Obviously an attorney would help but is not absolutely necessary. As to whether you will have a record, it depends on what you plead guilty to.
Your first court appearance is called an arraignment. At the arraignment the court will advise you of the actual charge, possible penalites, your rights, including your right to counsel, and ask for a plea. If you plead guilty, it will then be set for sentencing and you will have a criminal record. If you plead not guilty, the matter will be set for pre-trial where you and/or your attorney can talk with the prosecutor. Unless you have a good defense, it is unlikely that the charge will simply go away. An attorney can answer any additional questions you may have and could work for some type of deferral at a pre-trial.
You need to at least consult with a lawyer any time you are charged with something more than a minor traffic case. Shoplifting is a crime. Even a misdemeanor shoplifting like this can have major repercussions in the future.
If you plead guilty then you will have a conviction on your record which anyone will be able to find. In the future if you are applying for a job, an apartment, a loan, school, or just about anything, there will be a question asking if you have ever been convicted. If you lie and they find out, you will not get what you are applying for because you lied. If you tell the truth, you will not get what you are applying for either. So it is absolutely crucial for you to avoid the conviction. If you hire an attorney, the attorney can either defend the charge against you or negotiate a plea bargain that will avoid a conviction.
Stealing property valued at $1,000 or less: This is petit larceny, which is a class A misdemeanor. If convicted of a petit larceny charge, you may face a $1000 fine and up to one year of incarceration.
Make no mistake, whether you are facing petit larceny charges or grand larceny in the first degree, you must hire an attorney who has experience defending clients facing theft charges. In some cases, those who are first-time, low-level offenders may qualify for a diversion program, which can help them keep their record clean.
Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning.