Hypothetically, you enter a store, steal a few items, and you exit the store without being caught. Can you still be arrested for shoplifting afterward? The quick answer is, yes! In many cases, a place of business will wait until the shoplifter has left the front door s before approaching them. This proves to employees that the shoplifter had the intent to steal and went through with the action of stealing.
If someone were to pick up an item and conceal it, but then pay for it prior to exiting the store, this would not be stealing. Instead, this would be a questionable shopping practice that is frowned upon by business owners. Another situation would be when someone conceals a product with the intent to steal, but loses confidence, and puts the item back before exiting the store.
Although they may have had intent to steal, the act of stealing did not occur. Employees have to be very careful when approaching a suspected shoplifter because wrongfully accusing someone of a crime can be an awkward encounter for the employee and the individual.
Some retailers may have a company policy to always ring the police even if they only suspect items have been stolen by someone. Instead, they will likely issue you a notice to appear.
As the suspect in the shoplifting offence, you will be commanded to appear in the Magistrates court most local to the establishment where it is alleged that you committed the offence. Before the date to appear arrives, it is wise to seek legal advice. Without preparation, you could end up with a substantial fine, jail time, or even prison time. You may also find your future is adversely affected by having such an offence on your record, particularly in regard to your future employment.
Knowing what to do if you are caught shoplifting can help you get through the experience and come out the other side with your life intact, and hopefully in a place to get some help. If you were shoplifting out of desperation, you can also seek help from community resources.
Have you been caught shoplifting? Reach out to the team at Russo Lawyers for a free initial phone consultation for assistance with your case. Free Call: enquiries russolawyers. Share on facebook Facebook. Share on twitter Twitter. Even if the store caught you on camera or a security guard saw you, it might take a while for the store to get a positive ID from the footage. If the store positively identifies you, they might check for other occurrences of shoplifting.
They will look through their archives with facial recognition software to see if you were in the store on other occasions. 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, fines and probation are all possible. With an experienced criminal law attorney at Weeden Law, you may be able to negotiate a lower classification and penalty. Even if a lower classification or penalty is not possible, a good attorney should at the very least be able to work with the prosecution and judge to lessen your sentence. If you are a first time offender, you may qualify for pretrial diversion.
A diversion program might combine community service, counseling, payment of restitution, and probation. If a defendant successfully completes a diversion program, the charge will be dismissed. Stores can also sue shoplifters in civil court for damages. In civil court, one person sues another person because of a dispute or problem between them. A business or agency can also file a case in civil court or be sued in civil court.
If someone loses a case in civil court, that person may be ordered to pay money to the other side or return property, but that person does not go to jail just for losing the case. Damages can be awarded for the value of stolen items, as well as an additional penalty. The convicted shoplifter can face a civil penalty plus the value of the stolen goods. Having a criminal record could negatively impact several areas of your life.
It could affect your current or future job prospects, voting rights, housing eligibility, credit score, and more. If a crime is expunged from your record, it is completely removed and can never be held against you again. If a crime is sealed, only some legal professionals would be able to see it for specific purposes, such as if you commit another crime.
Many types of shoplifting charges are eligible for expungement. The experienced Colorado defense attorneys at Weeden Law can guide you through the process of applying for expungement.
Whether the offense is a petty offense, felony or a misdemeanor, you must take this case very seriously.
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