Tag Archives: shoplifting

Understanding The Various Types Of Theft Crimes

Shoplifting Is Much More Serious Than You Might ThinkThe majority of people learn early on in life that stealing is not only illegal but that it is also objectionable from a moral standpoint. Children are constantly reminded not to take items that belong to other people unless they have expressly been told that they are allowed to. As a result of this early training, most people have a basic grasp on what constitutes theft.

From a legal standpoint, however, there are different terms that are used to describe different types of theft. Even though these terms are frequently used in today’s society, it still can be a little bit confusing trying to determine exactly what types of theft fall under each category.

In the courts, shoplifting is one of the most frequent theft-related charges. In essence, this term is used to describe the act of stealing items from a retail store or vendor. This can include everything from taking something from a store at the mall to stealing something from a convenience store or gas station. In most cases, the punishment for this crime is determined by the value of the items that were stolen.

Another term that is used by the courts to describe a specific type of theft is robbery. Robberies include an element of violence – whether that is threatening someone with violence, trying to intimidate them, or using violence against them. These crimes can range from small thefts that involve a single individual all the way up to much larger thefts like bank robberies. Because this crime is associated with violence, it usually carries stiffer penalties than other types of theft.

Fraud, on the other hand, typically involves any type of theft where the perpetrator relies on deception to trick someone else or to obtain something illegally. For instance, forging a document, stealing someone’s identity, or participating in a bait and switch scheme are all examples of fraud. Embezzlement is a specific type of fraud that usually involves an employee stealing money or other assets that they were entrusted with from the business that they work for.

When you hear a theft referred to as a burglary, it usually means that the person was trespassing when the theft occurred. For instance, when someone breaks into a home, car, or place of business to steal something, that is generally considered a burglary.

The value of the items that were stolen can also determine how a theft is referred to from a legal standpoint. For instance, thefts involving low-value items may be categorized as “petty theft” whereas those involving more expensive items may be categorized as “grand theft”. Each state has its own rules regarding the value where these changes occur.

If you are charged with any of these theft-related crimes you will need legal representation in order to protect your rights and prevent a lengthy jail sentence. Call Naiburg, Obedin, and Weissman for a complete review of your case.

Shoplifting Charges: Providing the Best Defense

Shoplifting ranks as one of the most commonly committed crimes in Suffolk County, NY. Annually, thousands of people on Long Island are accused of this common vice. In most cases, the value of goods stolen is under two hundred dollars. Once you are arrested for shoplifting, you may be found liable to pay a fine or sent to jail.

Although most people will be asked to pay a fine or sentenced to mandatory community service, the criminal record in itself impacts negatively on the accused party’s reputation. The resulting criminal record, and negative reputation, in most cases will have a negative effect on the accused person’s ability to secure employment.

Fortunately, there are many ways that accused parties with the right legal representation from a criminal defense attorney, who is experienced in handling theft crime cases, can legally have the charges downgraded or dropped once and for all. Read on to find out the common defenses legal experts turn to when representing their clients.

Prove it was Unintentional
It is true that some people actually take stuff from shopping outlets by mistake. Where it is proven that the shoplifting was by accident, the court may throw out the charges.

Clean Record
In most cases, an accused party with a clean record will find it easier to negotiate for a reduced sentence from the courts.

Illegal Arrest
For shoplifting charges to stick, the arrest must have been done by the book. First and foremost there must have been a case of shoplifting. This actually happens during the instance where the accused is caught trying to leave the store with stolen goods. Secondly, the arresting officer(s) must have followed the law to the letter when making the arrest. Where this is not the case, the charges may be thrown out.

Insufficient Proof
Video surveillance has become a common security measure in most outlets, and is therefore a common source of evidence in shoplifting cases. It’s worth mention that even with video evidence; a witness has to be called upon to testify that the tape is genuine and has not been doctored in any way whatsoever. In the absence of such evidence, other customers or employees may be called upon to testify; in which case their testimony may be successfully challenged.

Value of Items
Where the items shoplifted are low priced, lawyers have a better chance of negotiating for a reduced sentence.

If you’ve been arrested and charged with shoplifting you will need to be represented by a lawyer who knows how to defend shoplifting cases all the way through trial. Call the office of Naiburg, Obedin, and Weissman to protect your rights.

The Consequences Of Stealing – Theft And The Law

What Happens If You Are Caught Shoplifting?Theft includes activities such as burglary, armed robbery, forgery, check theft, using a vehicle without authorization, false statements to a credit card agency, fraud, shoplifting and much more. The charges for theft can range from felony charges to misdemeanor depending on the value of the items stolen or damaged. For instance, if the value is a maximum of $1500 and below, the perpetrator mayl be charged with a misdemeanor. Here, he/she must pay a fine or do community service. In some cases, there might be jail time.

On the other hand, if the item stolen was of a larger value, the accused will get a felony charge which comes with prison time. During the court hearing, if there’s more than one offense on the record of the accused, it will affect the sentencing. It’s a common habit for thieves to have another offense on their record. Note that in some states, theft of any kind will be classified as a crime of moral turpitude. It refers to the act as unfavorable in the standards of justice, morals or honesty within that community.

If you are charged with a misdemeanor, there’s a permanent criminal record on your account forever. It might have a negative effect on your character legally, personally and with regards to your future employment opportunities. One of the most common types of theft includes shoplifting. It refers to the act of taking something deliberately from a business, retail store and much more. Note that, you can be charged with shoplifting even if you haven’t walked out of the store but have hidden the merchandize in your belongings or on your body.

With regard to shoplifting, each year, retail businesses lose as much as $10 billion worth of merchandise. These numbers are staggering and you have to pay for the price because these retail businesses increase their prices to recover the costs from shoplifting. Therefore, the courts in Suffolk County, NY do not take pity of anyone accused of shoplifting. Whether it’s you or your friend doing it, you should stop immediately because you can both be prosecuted for the offense and it would be unfair to the innocent person.

In conclusion, theft of any kind is highly frowned upon because you can land in a lot of trouble. It will affect you in a lot of negative ways as well as the people around you. That’s why the legal statutes are clear about it and harsh to prevent the habit. Most people commit these acts hoping they will get away with it but eventually they make a mistake and are caught. Therefore, the best way to avoid being on the wrong side of the law is to avoid stealing altogether.

What Are Theft Crime Lawyers?

A theft lawyer specializes in theft cases and has the difficult job of defending clients who are charged with theft related crimes, such as: shoplifting, burglary, fraud, identity theft, embezzlement, and robbery.

In theft related cases, criminal defense lawyers are hired to defend the legal rights of their clients, and not to encourage that type of behavior. Unfortunately, it has occurred more than one time for an individual to be accused of theft when the person wasn’t even aware that they were stealing anything.

Imagine that you take your kids to a store and while you are watching one of them places a toy inside of your purse. Blaming a child for stealing would be outrageous, so you would have to take responsibility for it. In this situation, you would need to have a theft lawyer, who can analyze your case and work to prove that you are innocent. There are individuals who develop the habit of stealing all types of small items on a chronic basis and decide to get in touch with a theft lawyer to seek help for their problem. In those situations, a lawyer can assist them with getting treatment, and avoid punishment or a jail sentence. Just think that with a professional lawyer’s help you can avoid having to suffer serious consequences, and instead only get a counseling sentence.

A theft lawyer is also capable of managing the most difficult cases that relate to theft, and he will defend clients quite often who are accused of burglary, auto theft, embezzlement and bank fraud. These days, it is also considered to be theft when you steal another person’s identity. Therefore a lawyer must be prepared to face the strangest cases, where he must use all of his knowledge and skills when handling these cases. One of the most common types of cases that theft lawyers handle is shoplifting. The police are usually not called. A lawyer is necessary to help the owner and thief come to an agreement.

However, when the police are contacted, then the thief is at risk for having to go to jail for a long time, depend on what he stole. If you ever find yourself in this type of a situation, then you have to find a reputable lawyer to hire. Whether you meant to do it or not, you will need to get in touch with a lawyer as soon as possible.

Hire a Theft Crime Lawyer in Suffolk County, NY

Get Caught Shoplifting? A Criminal Defense Attorney Can HelpIf what has been done isn’t very serious, if your theft lawyer has a good defense then your penalties might be reduced. A very proficient lawyer, one who is experienced with all of these kinds of cases, may be able to prove your innocence, through claiming that the police who handled your case did so in a fallacious way. No matter how serious the crimes are that you are accused of committing, you have a right to have a qualified lawyer represent you. If you want to find a reputable lawyer, then you must do some research ahead of time. It is highly recommended that you hire a lawyer who has experience dealing with cases that are similar to yours. So an individual who has been charged with shoplifting shouldn’t hire an attorney who deals with car thefts.

Hiring a reputable theft crime lawyer will ensure that a strong defense is prepared for you. It is very important that you hire a lawyer who is prepared to assist you rather than blaming you for the actions you have taken. Finally, if your lawyer refuses to assist you it will be nearly impossible for you to win your case since he believes you need to take personal responsibility for your own actions.

Shoplifting Arrest: What You Need To Know

If you’ve been arrested (detained) for shoplifting and you’ve been issued a summons to appear in court then you need to watch this video. After that make sure you call the Suffolk County criminal defense lawyers a Naiburg, Obedin, and Weissman.

Petty theft typically involves shoplifting, and that’s how we see it the most. So somebody goes into Target or Walmart and they lift something and they get caught once they’ve passed the point of purchase. They are usually stopped by a security guard and they’re brought back into the store, brought back into a back room.

Very often a police officer will be summoned and will write them a summons. That’s technically an arrest, and a lot of my clients misunderstand it. They don’t think that they’ve been arrested, but they actually have been arrested. It’s just that they’ve been told to, they haven’t been summarily brought to court, they’re being told “come back in a month”.

What they should do is hire a lawyer because when they come back to court that’s going to be for an arraignment and again rights attach and you should be represented by counsel.

To Be Arrested for Shoplifting Must You Be Detained as You Are Leaving the Store?

People are most often arrested for shoplifting once they conceal an item and pass the point of purchase. If someone carries an unpaid for item past the cash register but not necessarily out of the store, they can still be arrested and charged with shoplifting, or Petit Larcey, as it is called in the Penal Law.

If someone is arrested after concealing an item but before passing the point of purchase, the more accurate charge against them would be Attempted Petit Larceny, although sometimes police officers charge the completed crime of Petit Larceny in those situations.

In that case, a competent defense attorney would argue that the crime was never completed and/or that our client had every intention of paying for the item.

If you or someone you know if facing a charge of shoplifting give us a call as soon as possible at (631) 979-7777.