by RankingsIOWhat Happens if You Get Caught for Shoplifting?
If someone accuses you of shoplifting, you may face serious legal consequences. The first and most obvious risk you face is the immediate threat to your freedom. Police might arrest and jail you right away.
Beyond that, you may also face consequences in many other areas of your life once authorities charge you with a crime.
Shoplifting falls under the umbrella of theft offenses. A conviction of theft can permanently change your life, as you will have a lasting criminal record. Even if shoplifting charges may seem minor to you, there is no such thing as a minor criminal charge.
If authorities accuse you of shoplifting, contact a criminal defense attorney to handle your case. You should never do anything on your own in the criminal justice system, as you likely cannot help your cause and can easily hurt your case in many ways.
Seek professional defense help immediately to obtain the best possible outcome in your case. A criminal defense lawyer knows the legal system in your area, and they likely have experience with the prosecutor handling your case. They know your rights and how to uphold them throughout every step of the process.
For all these reasons, immediately seek an initial consultation with a criminal defense attorney to discuss your shoplifting case. You must take these charges seriously.
Several Behaviors Can Lead to Shoplifting Charges
A theft charge for shoplifting can arise from a number of circumstances. First, shoplifting means taking property that is not yours from a retail establishment with the intent of not paying for it. Second, shoplifting can also include altering price tags to reflect a lower price.
Each state may have different elements of the crime of theft and what may constitute shoplifting. In general, however, the crime encompasses illegal behavior involving taking property or doing something that allows you to pay less than the fair value for an item.
What Happens After You Have Initially Been Accused of Shoplifting?
Shoplifting may result in on-site detainment by a store security officer in the immediate wake of an accusation against you. If this happens, do not talk to the security guard because they can testify against you in court.
Politely refuse to discuss what happened with the security guard. Confessing to a crime can jeopardize your legal defense should you choose to fight the charges.
Store security will likely detain you on-site until law enforcement arrives. Then, based on what the security guard says or based on any video camera footage, the officer may decide whether to arrest you and take you into custody. The police can take you to the station for processing and booking, just like they might for any other alleged criminal offense.
The store may offer to let you go after asking you to pay a fee for shoplifting, but it does not have the legal authority to fine you. They are just trying to obtain money from you. Agree to nothing with the store.
Police Might Arrest This Later
You can also be arrested after the fact, long after leaving the store. There may be missing inventory, and the store may review security camera footage to determine what happened.
They might identify you or turn the footage over to the police, who can use the video to suspect you of the offense. Police can arrest you for shoplifting at any time until your state’s statute of limitations for theft offenses expires. Never assume you are in the clear because you are no longer in the establishment.
Shoplifting Charges Depend on the Value of the Property at Issue
The charges you face depend on the value of the property the authorities allege you shoplifted. Most states charge shoplifting as a misdemeanor when the items taken cost less than a certain dollar amount. Above this value, you can face felony charges for shoplifting.
Many states make the threshold for felony charges shockingly low. In fact, several states have a threshold below $1,000, and one state is as low as $200. This means that you can face felony charges if police accuse you of shoplifting a watch valued at $250 in this jurisdiction.
If you do not think shoplifting is a serious matter, think again.
You likely will not know the exact nature of the charges you are facing at the time of your arrest. You will learn of your charges when you make your initial court appearance and the charges are read to you.
If you have prior theft convictions on your criminal record, you might face enhanced charges and potential jail time, even if the items are of lower value.
Your criminal defense lawyer will explain your charges and the possible penalties to you, ensuring you understand your case.
A Theft Conviction Can Have a Lasting Impact on Your Life
No matter the nature of the charge, any conviction for theft is a serious matter. You may need to worry about more than jail time if you plead guilty or the court convicts you of the charges. Theft is a crime of dishonesty, and a conviction can affect multiple areas of your life.
You will have a criminal record unless you somehow reach a plea deal that avoids a conviction or eventually results in an expungement of your record. However, emerging with a clean criminal record after a conviction of this type rarely happens.
If you are not a United States citizen, a conviction for theft can lead to your removal from the country or a denial of your citizenship application should you apply.
Theft is a crime of moral turpitude, so the government can revoke your green card and deport you. If you do not have legal status, you will likely face immediate deportation after a conviction, or possibly even after an arrest without a conviction being necessary.
A Theft Conviction on Your Record Can Have Additional Consequences
A criminal record with a theft conviction can also make it very difficult to obtain employment or even find a place to live. A prospective employer will likely conduct a criminal background check on you before they extend or formalize your offer.
This is legal in most states. Companies may view a theft conviction as a sign of dishonesty and revoke any job offer they have made. The odds of this outcome significantly increase when a potential job involves handling money or valuables on your part.
Landlords may also conduct background checks and may not want to enter into a contract with someone with a theft conviction. Finally, a theft conviction can carry a social stigma, as anyone may see that you have committed a crime through a simple search of public records.
You may also have to pay restitution to the store for the value of the items. You also have to pay court costs and may need to pay a fine after a criminal conviction. If you seek any type of insurance, you may need to pay higher rates. Thus, you may need to pay for the financial consequences of a theft conviction.
You Need to Consider All Consequences Before Determining How to Proceed
You must consider all of these potential outcomes when dealing with theft charges. This decision is not something that you should make on your own. You may not even understand the collateral consequences of a conviction if you do not hire a criminal defense lawyer.
Your attorney will explain your circumstances and legal options, including pleading guilty or going to trial. They will also explain a conviction’s ramifications on your life.
This is not to say that you should automatically fight theft charges under every circumstance. Sometimes, accepting a plea deal is appropriate. However, you may have legal defenses to the charges. Then, you may need to mount a strong legal defense. Your criminal defense lawyer will investigate your case and determine whether to fight the charges against you.
Potential Defenses to Shoplifting Charges
Some defenses to theft charges that your attorney may use include:
- You legitimately believed that you had a right to possess the property
- Someone gave you the property, and there was no way you could have known that it was stolen
- You acted under duress when someone else made threats against you if you did not take the property
- Law enforcement entrapped you into committing an act that you otherwise would not have done
- You intended to pay for the property and could not do so before your arrest
Remember that shoplifting is a crime of intent. The prosecutor must prove that you actually intended to steal the property. There is no such thing as the accidental theft of property. If the prosecutor cannot prove intent, they cannot win a conviction.
You May Choose to Negotiate a Plea Bargain
Working with your criminal defense lawyer, you may decide to reach a plea bargain with the prosecutor. You can only do so when you hire a criminal defense lawyer to represent you, as prosecutors usually will not negotiate directly with defendants.
Your criminal defense attorney may negotiate with the prosecutor to obtain lesser charges or a lower possible sentence. In exchange for a guilty plea, the prosecutor may make a sentencing recommendation to the judge, which the court can decide to accept. Whether a plea deal works best for you depends on your situation.
Depending on the charges, you may completely avoid jail time. Many shoplifting sentences involve probation and community service. In some cases, you may even emerge without a criminal record due to alternative sentencing.
Juvenile offenders may qualify for alternative sentencing programs. A court can order you to attend education classes and counseling that help turn your life around and place you on a better path.
When you work with a criminal defense lawyer, they may eventually expunge the conviction from your record. Depending on the crime, they can also seek to seal your record so the charges and conviction may not appear in a records search or background check for the rest of your life.
Call a Criminal Defense Attorney Immediately After Your Arrest
After a shoplifting arrest, never speak to law enforcement before you get legal help. You cannot talk your way out of trouble by answering an officer’s questions. They will only try to use your words against you, and it may give the prosecutor additional evidence.
Instead, politely invoke your right to remain silent and contact a criminal defense lawyer immediately after your arrest. Your criminal defense lawyer will handle any communications with the authorities. They will handle all the details of your defense and work to either build the strongest possible case or negotiate for the lowest possible penalty.
The longer you wait to hire a criminal defense attorney when you get caught shoplifting, the more challenges you may face in your legal defense. Hiring a criminal defense lawyer early in the process can mean preserving as many of your options as possible. Contact a law firm near you today.