When accused of shoplifting, especially from a department store, the penalty is severe and lasting. Whether the charge is an error, a misunderstanding, or a momentary lapse of judgment is irrelevant; the fact that counts is that the suspect does not take the situation lightly. The best first action to make when a person is issued the accusation of shoplifting is to go see a good Shoplifting Defense Attorney. They are lawyers who specialize in representing individuals who have been accused of shoplifting and are highly capable of defending them and their future correctly.
Learning About Shoplifting Charges
Shoplifting is removing merchandise from a store and failing to pay for it in order to have it. Although it may be seen as a minor crime, particularly if the item is inexpensive, shoplifting is technically thievery, and one can be found guilty of a crime. Depending on where one is located and how much one took, shoplifting can be a serious crime or a lesser crime.
Fines, probation, community service, and restitution of the stolen property or imprisonment are the penalties for shoplifting. Long-term consequences of shoplifting include a criminal record that cannot be removed, which will influence employment opportunities, rental housing opportunities, and immigration status.
Role of an Advocate Lawyer for Shoplifting
A shoplifting defense attorney is experienced in the handling of criminal law cases and is a specialist in defending cases for theft. A lawyer will examine the situation of the case and inform the defendant of their legal rights if the individual is arrested or cited.
Attorneys review the evidence such as tape recordings, witness depositions, and police reports. In certain cases, they can prove that the evidence was inadequate or was obtained illegally, and that leads to reduced charges or dismissal of the case. A complete attorney will also seek flaws in the judicial process or infringement of the rights of the defendant. Those would be illegal searches and failure to read the Miranda rights.
Building a Solid Defense
There are a variety of ways that a Shoplifting Defense Attorney can defend his client based on what happened at the case. Some of the most popular defenses are:
- No Intent: The prosecutor will have to prove that the defendant was trying to steal. If the defendant did not pay by mistake or took something mistakenly, lack of intent is a good defense.
- Mistaken Identity: It is unlikely that individuals are going to get a person mixed up and misidentify them when they are lost in the shopping mall. A lawyer will definitely question how much credibility witness testimony or video can be accorded.
- Unlawful Detention: If police officers or store security personnel broke protocol in detaining or interrogating, the case is contaminated.
- Coercion or Duress: If the defendant acted in compulsion or under duress and therefore committed the crime, it is a defense.
No two cases are ever identical, and a successful attorney will tailor the defense for it. They prefer charges to be dropped, receive a not-guilty verdict, or secure a plea bargain that minimizes the impact of the charges in the client’s life.
See also: How Gauthier & Maier Law Firm Helps Out Accident Victims
Securing One’s Future
One of the greatest benefits of having a Shoplifting Defense Attorney is the long-term security they offer. A conviction for theft, even a misdemeanor, can stick with someone years down the road. Any employer, landlord, and most schools background check, and a theft conviction can severely close doors. Attorneys are sometimes able to get their clients into pretrial intervention or diversion. If the clients successfully complete these programs, their charges are dropped.
A good lawyer is then in a position to seal or expunge the record, and this is good for the clients to do better. It’s frightening and stressful to be charged with shoplifting, but with a good lawyer, it is a huge difference. A shoplifting defense attorney offers good advice and good defense, and they can be a good friend in tough times. From being able to begin anew to not being sent to jail and arranging for a different sentence, having a good lawyer on your side makes the best of the worst.
