This means that it is almost always in your interest to consult a lawyer if you are caught shoplifting, and ultimately, fight the charges against you. You have a constitutional right to defend yourself and to do so with professional guidance from a defense attorney.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
If the amount they claim you took is less than $100, a police officer will arrive and give you a ticket or citation. The ticket will order you to appear in court at a later date. If the amount is more than $100, a police officer will arrest you and take you to jail where you will need to bond out. WHAT SHOULD YOU DO IF YOU ARE CAUGHT SHOPLIFTING?
When you need legal advice following a shoplifting charge in Texas, reach out to attorney Andrew J. Williams for help. To learn more about our legal services, contact us online or call 281-358-9111 today.
Other Theft Penalties Property valued from $500 to $1,000, could face a fine up to $3,000 and one year in jail. Property valued from $1,000 to $5,000, could face a fine up to $10,000 and five years in jail. Property valued more than $5,000, could face a fine up to $20,000 and ten years in jail.
A typical run-of-the-mill, first-time shoplifting offense, under $1,000 and a class 1 misdemeanor, can have fines up to $2,500 (plus surcharge) and up to six months in jail, in addition to paying restitution. Sentencing, however, depends on many factors, and a lawyer can help you.
A good moment to stop shoplifters is as they leave the department or the store. However, only 5 to 10 percent of shoplifters are caught. Of those caught, only some are reported to the police and fewer are sentenced (usually to a fine).
How to Defend Yourself Against False AccusationsStay Calm. ... Hire an Attorney to Help You Fight Back. ... Gather Evidence. ... Challenge the Accuser's Credibility. ... Find Your Own Witnesses and Present Evidence of Your Side of the Story. ... Develop a Strategy in Criminal Defense Cases.More items...
A violation of this law is a misdemeanor. Shoplifting is punishable by: custody in county jail (as opposed to state prison) for up to six months, and/or. a maximum fine of $1,000.
Although most shoplifting is done by amateurs, the professionals can do the serious damage. While the average shoplifter got caught with goods worth $6 to $25, the professionals often stole as much as $200 worth of goods at a time, Hayes said.
Overall, blacks and Hispanics were no more likely than whites to steal merchandise. However, when race and gender were examined by subcategory, Hispanic females stole the most, shoplifting at more than seven times the rate of white females, he said.
It is commonly touted that men are more likely to shoplift than women – however, this is based on data from 1980 and may be outdated. Approximately 1 out of 11 people in the US are shoplifters. ¼ of shoplifters are children. 55% of shoplifters began shoplifting when they were teenagers.
The most stolen items were:Designer clothes – 34% Any shops selling designer fashion clothes face a constant threat of organized retail crime.Laundry detergent – 21% ... Razors – 20% ... Designer handbags – 16% ... Deodorant – 15% ... Laptops/tablets – 13% ... Infant formula – 13% ... Allergy medicine – 13%More items...•
There are two types of defamation. Libel: Libel is a defamation that is written, such as in a newspaper, magazine or on the internet. Slander: Slander is a defamation that is orally published, such as in a speech, over the airwaves, or in casual conversation.
Evidence is how guilt is proven in court. Since guilt must be proven to convict, a conviction is not possible without evidence.
If you are accused of something you didn't do, remain silent, consult a lawyer, collect evidence, avoid contacting your abuser, and obey the court.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.
Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.
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;
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.
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.
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.
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.
After you are arrested, your first call should always be to your criminal defense lawyer.
If the amount they claim you took is less than $100, a police officer will arrive and give you a ticket or citation. The ticket will order you to appear in court at a later date.
If your son admitted to stealing a four-wheeler, he is likely facing charges of Theft of Means of Transportation. In Arizona, this is a class 3 felony offense and has a maximum penalty of 8.75 years in the prison with a presumptive of 3.5 years. He is also eligible for probation if he has never been convicted of any other felony offenses for a maximum of 5 years. A class 3 felony offense also has a maximum fine of $150,000 and an 84% surcharge. Because your son has never been convicted of any prior felony offenses, he is more likely to receive probation as opposed to being sentenced to prison. However, even if he is granted probation, he is still facing up to one year in the county jail. Depending on which county the offense occurs, there is a high probability that the County Attorney will recommend a jail sentence if he is granted probation. As a former Deputy County Attorney prosecutor in Maricopa County, (Phoenix and surrounding area), I know that the County Attorney has a policy to recommend no less than 90 days in jail for any theft of means of transportation conviction. It is up to his attorney to make sure that your son does not receive any jail time. It is equally important to have an attorney who can negotiate the best plea deal possible. For example, your son will be charged with a class 3 felony offense that would remain a serious felony on his record for life. However, it may be possible for his attorney to negotiate a significantly better deal that could help him avoid a felony record. One way of doing this would be to negotiate a plea that would reduce his charges from a class 3 felony to a class 6 undesignated felony. If this occurs, his felony would be reduced to a misdemeanor once he successfully completes probation.
Perhaps more important, if your son is convicted of a felony he will loose certain constitutional rights. He will be prevented from enrolling in the military ( if he has that desire); he will be denied admission to many universities. He will be disqualified from all federal educational grants, scholarships and student aid. He also could be disqualified for may jobs.
Your son is most likely charges with Theft of Means of Transportation. This is a class 3 felony in Arizona. With a class 3 felony one of three things could happen: 1) probation; 2) probation and up to one year in county jail; 3) prison 2 - 8.75 years. It is important you have an attorney review the case and see if there are any issues that need to be litigated. Also, an attorney may be able to have the charges reduced.
If it is joy riding then he most likely receive probation. If it is grand theft auto he probably will do time. A good attorney will greatly improve his chances.
Since he admitted to doing it the police mark seek an arrest warrant or the State's Attorney may file a criminal information thus charging your son with theft under Maryland Law. In light of the fact that he admitted to stealing the same he will probably be convicted if tried (Assuming his admission was voluntary). It is not likely that he would go to prison given his age, lack of criminal history, and the fact that this is a property crime as opposed to a crime against a person.
If your son has a clean record, he is unlikely to go to prison, There are many options available to your son, Because he is under 21, he may be eligible for a diversion program, pretrial probation or a continuance with out entering a guilty finding. All will involve a probationary period but no jail, hire a good attorney and he may receive one of these options.
The short answer is likely no. Given that he has no criminal history and he was cooperative, more likely than not, if they proceed with charges it will be by summons. A plea bargain will also likely be offered and as long as he has good representation, he will probably never see a day in jail.