Shoplifting Charges Call for a Good Lawyer

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If you are caught shoplifting, penalties can range from a simple warning to up to 15 years in jail, depending upon the seriousness of the crime. With the holiday season comes a heightened desire for material things, which, unfortunately, also can lead to shoplifting. If the item is not expensive and it is your first offense, your chances of avoiding serious consequences are better. If not, a good lawyer will be a necessity.

Degrees of Seriousness

In Utah, for example, shoplifting property valued at $500 or less is a Class B misdemeanor, punishable by up to six months in jail and/or a $1,000 fine. If you have a good attorney and a clean record, you may be able to avoid both by getting into a diversion program. By completing the program, which may include doing community service, making restitution, taking classes or receiving counseling, you may even avert a criminal record.

If the property is valued at between $500 and $1,500, it's considered a Class A misdemeanor, and if it's between $1,500 and $5,000, it's a third-degree felony, making it much harder to escape serious punishment such as fines or a jail term. If you are caught stealing high-ticket items, are a repeat offender or steal a gun, the stakes change and the strategy shifts from keeping a clean record and a bright future to avoiding long jail terms and focusing on starting over.

Juvenile Shoplifting

The laws for juveniles, as expected, are more forgiving. They are aimed at teaching and rehabilitating the offenders, not punishing them (at least initially).

Parents struggle hard to raise their children right and can't imagine what would propel them to steal merchandise. Why do they do it? Many reasons, including peer pressure, anger, a distorted sense of self or entitlement, or merely a desire to have items they otherwise would not be able to acquire. How does the court handle youngsters like these? It depends somewhat on the circumstances.

Sometimes, if it is a first offense and the item is small (a pack of gum vs., say, an Xbox), offenders may be simply released to their parents. Older offenders who can get jobs might be ordered to pay restitution. Others might be put on probation €" given the chance to stay out of trouble and emerge with a clean record €" or put into a diversion program, where they may be ordered to perform community service, maintain a certain grade-point average and otherwise get themselves back on the straight and narrow. Those who steal big-ticket items, are repeat offenders or are otherwise considered serious cases may be confined to a juvenile detention facility for a period of time.

Know the Law

Be aware: concealing items and carrying them out of a store is not the only form of shoplifting. Switching tags in an effort to pay less for an item or putting an item of value into the container of a less-valuable item, intentionally charging a customer a lower price for an item, or even making off with a shopping cart are all considered shoplifting in most states.

A good attorney with experience defending shoplifters is invaluable and can mean the difference between a lifelong criminal record and a rectifiable foolish mistake. If you or anyone you know has been arrested for shoplifting, get a qualified, experienced attorney right away.
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