Shoplifting is a crime which is punishable by the law and will result in a permanent criminal record. You can be arrested and charged with petty theft which can result in up to a year in jail and/or $500 in fines.
If you have been caught shoplifting, it is very important not to say anything to anyone or answer any questions to avoid incriminating yourself further. It is best to contact a lawyer immediately and only make a statement once you have received legal advice.
If you are arrested and jailed as a result of the charges against you, a lawyer will help ensure that you get out on bail until the date of your trial. However, there are certain steps that the lawyer will take in order to avoid a trial in court.
First they will try to reach a settlement with the retail establishment or other entity in order to have the charges dropped entirely. This may involve a ban from entering the establishment in the future as well as financial compensation for any losses or damages that were a result of the shoplifiting. This is often the best route to take for both parties as it avoids lengthy and expensive legal proceedings as well as prevents you from getting a criminal record.
The lawyer may also seek to have the case dismissed in court. If proper proceedings were not followed during the arrest or charging process, the case may be dismissed. Should any of your constitutional rights have been violated, evidence pertaining to the case may not be presented in court. Lack of evidence or insufficient evidence may also be grounds for having the case thrown out of court.
In the event that the charges are upheld and the case does go to trial, the state will need to prove beyond a reasonable doubt to a jury that you are guilty of the theft. A good criminal defense lawyer can use this reasonable doubt stipulation to get a not guilty decision assuming that the preponderance of evidence is not in your favor.
If you are found guilty, the lawyer can take steps to have your sentence reduced or suggest probation. Sentences are often reduced for first time offenders or they may be put on probation which means that they will not be charged with the crime unless they commit a similar crime within the designated probation period.
If you’ve been arrested for shoplifting in Suffolk County call Naiburg, Obedin and Weissman for a free consultation to protect your rights. Our office is conveniently located right next to the Cohalan Court Complex in Central Islip.