Full Answer
Whether you have been charged with juvenile shoplifting or you are a parent or guardian of a juvenile who has, you need to talk to a local criminal defense lawyer as soon as possible. A local attorney who has experience dealing with juvenile court judges and prosecutors is the only person who can give you legal advice about your case.
Stores may detain suspected shoplifters for a reasonable amount of time and question them in a reasonable manner if they have probable cause to do so. This is referred to as the shopkeeper’s privilege. The store employees may also contact the police.
States’ statutes may vary widely in their legal consequences for shoplifting in terms of whether the crime is charged as some level of misdemeanor, felony, or possibly merely an infraction. State prosecutors may have discretion in charging offenders, depending upon the circumstances and their criminal records (if any).
An adult convicted of shoplifting may, a certain amount of time after the conviction, petition to have the conviction expunged. This request is much more likely to be granted if the adult was convicted only of a misdemeanor. It takes a lot of time and effort to have your record expunged as an adult.
Elements of Shoplifting Each state's laws vary, but shoplifting offenses generally include two basic elements: Willfully concealing or taking possession of items being offered for sale. The intent to deprive the items' rightful owner (typically the store) of possession of the items without paying the purchase price.
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.
According to Louisiana shoplifting laws, For theft of goods valued less than $1000 (and not more them one subsequent offense), the offender is made to serve up to 6 months in prison or pay a fine of up to $1000 or both.
Since you received a citation you will be charged with a class C misdemeanor. Simply paying the citation may result in a conviction. Contact an attorney for deferred adjudication that may enable expunction later. Be warned -theft is a crime of moral turpitude that may prohibit employment possibilities.
A court can order a juvenile to pay restitution to the property owner for the value of the shoplifted property. If the juvenile has a job, the court may order the juvenile to continue employment until the restitution is paid.
Frequently, new clients are concerned with whether or not a retail store, Walmart, Target, Macys, Home Depot, or the like, can simply drop their shoplifting charges without going to court. The simple answer is usually: no. Don't waste the time trying to call and speak to the store.
Per their company policy, Walmart will not detain or press charges against someone who is caught shoplifting less than $25 worth of goods.
Theft is charged as a felony when the amount of money of stolen property valued at $1,000. Theft becomes a felony If someone steals $1,000 or more or if someone steals property or merchandise worth $1,000. A felony offense has severe consequences that can affect the entire life of the offender.
Although the store could drop petty theft charges, Walmart doesn't budge. Most people, especially first-time offenders, are then sentenced to probation and have to pay fines. However, you can go to jail up to a year for petty theft. Petty theft charges also show up on background check.
Texas Theft Crime Statute of Limitations In Texas, the statutes of limitations on theft crimes are fairly straightforward: Misdemeanor theft: 2 years. Felony theft: 3 – 5 years. Theft by fiduciary: 10 years.
Theft is a state jail felony when property: Even if the property was worth less than $2,500, the offense is felony theft.);
After you have been convicted of shoplifting the charge, the conviction, fingerprints, and any other documentation surrounding the case will remain on your criminal record permanently. That means all of the information regarding the shoplifting is viewable to anyone who requests a criminal record check.
In minor, first-time cases of shoplifting, a juvenile court may choose to do nothing more than release the juvenile to a parent or guardian's care. In these situations, the court will often give the juvenile a lecture or stern warning about shoplifting and the trouble that can come with further violations. Restitution.
If the juvenile is old enough to work but doesn't have a job, the court may order that the juvenile find employment and work to pay off the restitution money. Probation. A court can also order probation for juveniles convicted of shoplifting.
Many states divide theft into grand and petty theft (the latter involves stealing something worth less than a specified amount, typically $500 or less). Some states also make shoplifting a distinct crime -- it is petty theft from a retail establishment.
Confinement or placement. In serious shoplifting cases, or where the juvenile is a repeat offender, the court may order a juvenile to a juvenile detention facility, weekend detention program, or boot-camp style program.
The juvenile system has its own courts, judges, prosecutors, and rules. However, the crime of shoplifting is the same for juveniles as it is for adults. The only difference is how a juvenile court handles the case. Shoplifting is a type of theft, also known as larceny. Many states divide theft into grand and petty theft ...
A court can order a juvenile to pay restitution to the property owner for the value of the shoplifted property. If the juvenile has a job, the court may order the juvenile to continue employment until the restitution is paid. If the juvenile is old enough to work but doesn't have a job, the court may order that the juvenile find employment ...
A court can order counseling where appropriate. Juvenile counseling may be provided through state services, or the court may order the parents or guardians to find an appropriate individual or family counselor. Confinement or placement.
You may be asking yourself why you need a criminal lawyer for a “minor” shoplifting offense. First of all, having a criminal record can affect your job, housing, student loan, and immigration status, besides your reputation.
A shoplifting charge can have serious legal consequences if not dealt with properly, and any criminal conviction on your record can be damaging to your future. If you are not a citizen, you could even end up getting deported. A conviction for shoplifting can also affect your student loans and damage your future job prospects.
Retail fraud, or shoplifting is a criminal offense. When the offender is under the age of seventeen the crime is classified as “Juvenile Retail Fraud.” The unlawful acts include removing merchandise from a store without paying, or switching price tags on items in an effort to lower the cost.
Many times parents are shocked to learn their child has been caught stealing. Perhaps their child has good grades, participates in school activities and has never been in trouble before. Other parents have noticed a change in their child’s behavior. Sadly, some parents have no idea what is happening in their child’s life.
Sometimes a store clerk may simply call parents and not involve law enforcement. This rarely happens. Usually, store owners call law enforcement. Now your child is charged with a crime and will need an experienced juvenile attorney.
Future employers may see a juvenile criminal record or learn that there is a “sealed” record. Knowing a future employee committed a crime in the past may hurt employment opportunities. Also, college admissions counselors may discover this information. In fact, a question about one’s criminal history may appear on various future applications.
Retail fraud can lead to restitution payments, probation, rehabilitation, and other penalties, and if the alleged offender has a criminal history, is approaching the age of 17, or has stolen high-value goods, jail time is possible. In rare cases, juvenile offenders can be sentenced as adults, which could lead to a lasting criminal record.
If a person under the age of 17 steals goods from a store, or alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price of an item with the intent to not pay full price for that item, retail fraud charges are possible.