if someone is accused of shoplifting what kind of lawyer do we need

Full Answer

What to do when falsely accused of shoplifting?

• The store witnesses prove to be unreliable or inconsistent in their testimony.
• You were detained for an unreasonable time period. ...
• A store employee used excessive force or threats to apprehend you.
• You put the item back on the shelf yet were still accused of shoplifting.
• The store did not issue an apology for false accusations.

More items...

What are common defenses to shoplifting?

What follows are some common sources of evidence in Colorado shoplifting cases:

• Store video camera – video and audio
• Testimony from the security staff
• Testimony from the loss prevention staff
• Other Eye -Witness testimony
• Statements made by the suspect – pre and post Miranda

Is shoplifting a criminal offense?

Shoplifting, however, is considered a form of theft, and theft itself is viewed as a crime. Even if you tried to steal something of relatively little value, and are caught in the act, the minimum you would be charged with is shoplifting/theft under $5000 in value.

How to get shoplifting charge dismissed?

Part 2 Part 2 of 3: Analyzing the Evidence

1. Evaluate the actions of law enforcement. You may be able to get the charges against you dismissed if the police violated your Constitutional rights.
2. Review the elements of the crime. The prosecutor must prove each element of the crime beyond a reasonable doubt.
3. Determine what physical evidence is available. ...
4. Consider affirmative defenses. ...

Can I sue a store for falsely accusing me of shoplifting?

In the United States, citizens value their civil liberties and constitutional rights and don't appreciate submitting to unlawful seizure and search. Because of this, there has been a legal trend of filing a lawsuit against a retail store anytime a customer is wrongfully accused of shoplifting.

What happens if you are suspected of shoplifting?

Shoplifting is usually treated as a misdemeanor — unless you have some major prior convictions — punishable by a half-year in county jail and fines of up to $1,000.

What happens if someone accuses you of theft?

While the penalties you might face will vary with the amount of money or value of property you are accused of stealing–the more valuable, the longer the potential jail time–if you are charged with theft, prison is a possibility, as are fines.

Can you sue a company for accusing you of stealing?

Under these circumstances, you may be asking yourself, “Can I Sue My Employer for False Accusations?” Yes, you certainly can. If your employer makes a false accusation against you that hurts your reputation, you can sue for defamation.

What to do if a store falsely accuses you of stealing?

What to do if a Store Falsely Accuses You of StealingRequest to Speak with Your Lawyer. First, you need to tell store employees that you want to talk to a lawyer. ... Choose the Right Attorney. Second, you need to hire an experienced attorney.

Can you go to jail for shoplifting?

If you're caught shoplifting, there are many possible consequences, some short term and others long term. Please click here for information on the powers of store detectives in relation to shoplifting. The possible consequences of being caught shoplifting are: You may end up being arrested and taken into custody.

How do you deal with someone who accuses you of stealing?

Here are some ways that you can protect yourself in this situation:Realize the seriousness of the accusations. ... Understand the cost of a defense. ... Intervene before charges. ... Take no action. ... Gather any physical evidence and documents. ... Obtain witness contact information. ... Investigation. ... Plea bargain.

Can someone accuse you of stealing without proof?

You can be charged with theft without evidence because you can control or transfer property without a paper trail. For example, you might steal a car and leave it with a junkyard that proceeds to break the vehicle into pieces.

Can I sue for false accusations?

Your lawsuit must show that this person knew or should have known that their statements were false, but made them anyway in order to deliberately harm you. A civil lawsuit for defamation of character via false allegations of a crime can come in two forms: slander and libel.

What is it called when someone accuses you of something you didn't do?

False Accusations—Defamation of Character by Libel or Slander.

What is it called when someone accuses you of something they are doing?

Gaslighters — people who try to control others through manipulation — will often accuse you of behaviors that they are engaged in themselves. This is a classic manipulation tactic.

Can you sue a company for lying?

Yes, you can sue your employer for false promises. Misleading statements can land an employer in court for negligent misrepresentation, fraudulent inducement, or other legal issues. You do not always need an employment contract to prove false promises.

Do You Need a Lawyer for a Shoplifting Charge?

Many people believe that shoplifting is a minor matter. Someone think that taking one or two items from a large corporate store will go unnoticed but, all too often, that person ends up in handcuffs and facing serious criminal charges. Shoplifting is a specific type of theft, and the law takes theft offenses very seriously.

How Shoplifting Charges Arise

There are many reasons why people might shoplift, including teenage rebellion, poverty, or attempting to resell goods to pay for drug addiction. No matter what the reason may be, shoplifting charges can follow. Shoplifting takes different forms in Minnesota, such as:

Defending Against Your Charges

Because the consequences of a conviction can be serious, which is why it is important to seek the right criminal defense representation. A skilled lawyer can identify how you can defend against your charges and prevent a conviction on your record whenever possible.

Learn How a Woodbury Criminal Defense Lawyer Can Help

A Woodbury criminal defense attorney from JS Defense, PA. can help with shoplifting charges in many ways. Call (651) 968-9652 or request a free consultation online for assistance with your criminal case today.

Free Evaluation

Take the first step to protect your future. Tell us about your case to receive a free and confidential consultation.

What happens if you steal something from a store?

This is exactly why consenting to a search will quickly turn into an admission of guilt. While it’s true that a store may let you go once they have their item back, this is a risky venture that may not pan out the way you would hope. The store personnel may even try to extend a search to your cell phone or your vehicle. Don’t consent to any search by a store employee or you could be incriminating yourself.

What is the shopkeeper privilege?

1: Shopkeepers Privilege. If a store employee has reason to think that you are shoplifting, they can detain you for questioning and to call the authorities. This ‘Shopkeepers Privilege’ says that they are allowed to detain you in a reasonable manner and time frame.

Can you claim to have walked in a store with something already in your possession?

Typically, the person who observed you must have seen you pick up the item in the first place so that you can’t claim to have walked in the store with it already in your possession. Because of this, it is likely in your best interest to state your name and little else if you’re confronted for shoplifting.

Do you need an attorney for an arrest?

Always remember that an arrest is not necessary in order for you to request an attorney. At any point when being accused you can contact an attorney to advise you of your rights and how to navigate the charges to get the best possible outcome.

Can a store let you go?

While it’s true that a store may let you go once they have their item back, this is a risky venture that may not pan out the way you would hope. The store personnel may even try to extend a search to your cell phone or your vehicle. Don’t consent to any search by a store employee or you could be incriminating yourself.

Who to contact if you have been caught shoplifting?

Williams for help. To learn more about our legal services, contact us online or call 281-358-9111 today.

How much is a felony for shoplifting?

State jail felony – For shoplifting/stealing $1500 to $20,000 worth of property or services or theft of a firearm; the penalties are a minimum of 180 days and a maximum of two years’ incarceration and a maximum fine of $10,000. Third degree felony – For shoplifting/stealing $20,000 to $100, 000 worth of property or services;

How much is a class B misdemeanor?

Class B misdemeanor – For shoplifting $50 to $500 worth of property or services; the penalties are up to 180 days in jail and a maximum fine of $2000. Class A misdemeanor – For shoplifting $500 to $1500 worth of property or services; the penalties are up to one year in jail and a maximum fine of $4000.

What is the penalty for shoplifting?

First degree felony – For shoplifting/stealing $200,000 worth of property or services; the penalties are a minimum of five years and a maximum of 99 years’ incarceration and a maximum fine of $10,000.

What is the maximum fine for shoplifting?

Depending on the value of the property allegedly shoplifted and your own history, you may be charged with any of a wide range of misdemeanors or felonies, each of which carries its own penalties: Class C misdemeanor – For shoplifting less than $50 worth of property or services; the penalty is a maximum fine of $500.

What to do if you make a mistake in a store?

If it’s a mistake just show them the receipt and go on your way. If they persist in keeping you there, don’t resist. This will only make things worse for you. 2 Don’t explain to them what happened. They won’t believe you anyway. Don’t try to explain yourself to any store employee.

What to do if you are arrested for theft?

After you are arrested, your first call should always be to your criminal defense lawyer.