Shoplifting occurs for many reasons, but when a shoplifter is caught, the end result is the same regardless of motivation. There are complications, embarrassment and lingering consequences not just for the person charged with shoplifting, but potentially for others in that person’s life. But what happens during a shoplifting incident and what can a person do if they are charged with this?
Understand The Situation
If someone is caught by store security or police with stolen goods, at that point it is already a crime. Store security in this regard may use any number of techniques to solidify the nature of the charge, but that doesn’t change the fact that, at this point, the store has every legal right to press charges, and, in most cases, they will.
This is why it is important to understand that, even at this stage, someone caught shoplifting still has certain rights. Store security or management may imply that they are willing to overlook the matter if the shoplifter will sign a statement of admission of guilt, or they may take a different approach, and hint that things will go worse with the police without this initial statement.
Neither of these outcomes is true, and security or management is really just interested in getting a written statement as further proof to present to the police when it comes time to press charges. In effect, they are trying to make a shoplifter implicate him or herself even further with the police by presenting a written statement that can be used during court proceedings.
It’s very, very important to note that even if caught shoplifting, the person in question has absolutely no legal requirement to write or sign such a statement for the benefit of either the store or the police. It can easily be used as evidence in court, but a shoplifter is under no obligation to produce this statement.
Accept The Infraction
When the police arrive and charges are laid, it’s at this point that the shoplifter will receive an infraction. In most cases this is simply a document that usually resembles a traffic ticket. In essence, the severity of the crime is similar. In most cases of shoplifting, the police will not be required to arrest or jail an individual. This only changes if the item that was stolen was very valuable, as may be the case where jewelry is involved, but for most retail situations, this level of severity isn’t usually present.
This means that the shoplifter is free to return home, but the infraction is meant to serve notice that a court appearance is now going to be required. The schedules of courts are variable and flexible, but in most cases, a court session will be appointed for sometime within an eight week window of being caught and charged.
Get An Attorney
It may seem like it will be faster to just show up, accept the charges and pay whatever fines are mandated, but this has far reaching consequences. A shoplifting charge will now go towards a criminal record and can have a profound effect on life and career prospects. An experienced criminal defense attorney should be called immediately to weigh the options before going to court. Any criminal conviction can leave a long lasting negative impression that will affect the rest of a person’s life. But with an experienced criminal defense attorney providing good consul and representation, it’s possible to mitigate or even nullify some of the worst consequences of a shoplifting charge and ensure that a foolish mistake doesn’t become a lifelong regret.