Shoplifting Laws and Your Rights: Expert Advice from a Defense Lawyer

Shoplifters take merchandise from a store without paying for it. The National Association of Shoplifting Prevention data says goods worth $13 billion are stolen each year in the US, with one in eleven people having shoplifted at least once. In 2022, losses recorded from shoplifting grew by 19.4%, with the average incident costing retailers $461.

While it may seem minor, shoplifting has serious legal consequences if you are caught, which only happens in one out of every 100 incidents. Understanding the laws and your rights is critical if you are facing shoplifting charges. In this article, we provide expert advice from an experienced criminal attorney on how to navigate the legal system if you are ever accused of shoplifting.

What Constitutes Shoplifting Legally?

Shoplifting, also called retail theft, involves concealing store merchandise on your person and leaving the premises without paying. Under shoplifting laws, it does not matter if you successfully leave the store or not – concealing items with intent to deprive the merchant is enough. Shoplifting also includes altering price tags, transferring goods to another container, or eating food while in the store without paying. 

The value of the items taken does not matter – stealing inexpensive items is still legally shoplifting. Even hiding small items in your pocket or bag demonstrates intent. Stores often prosecute all shoplifting charges, regardless of the dollar value.

What Are Common Penalties for Shoplifting?

Shoplifting penalties vary based on your criminal history and state laws but often include:

• Probation
• Fines up to $1000 
• Restitution to the store
• Up to 1 year in jail

Store policies differ, but many will contact law enforcement and prosecute if the items stolen exceed a certain dollar amount. Others prosecute all shoplifters.  

Is Shoplifting a Felony?

Shoplifting can be a felony, but it depends on the value of goods stolen. If the value of goods stolen exceeds $1,000-$2,500, it may be classed as a felony, in which case, hiring a criminal attorney is essential. Felony shoplifting carries steep fines and substantial jail time.

Enhanced penalties apply for repeat offenders. Most states escalate shoplifting to a felony after the third or fourth offense. 

What Should You Do If You Have Been Accused of Shoplifting? 

If store personnel detain or accuse you of shoplifting, remain calm and cooperate. However, never admit guilt or sign any statements. Politely insist on waiting for the police to sort out the situation. Locking yourself in an office with store employees could lead to additional charges.

When law enforcement arrives, decline to answer questions and assert your right to an attorney. Anything you say can be used against you. Be aware that store personnel may pressure you to confess and pay a fee to avoid arrest. Never fall for this, as it is a scare tactic.

Ultimately, your best defense is hiring an experienced criminal lawyer. They can negotiate diversion programs or work to get charges reduced or dismissed. It is wise to spend money on proper legal representation rather than paying court fines and fees.

Defending Your Rights

Facing shoplifting charges is scary, but understanding the law and your rights helps mount the best defense. An attorney can evaluate any improper interrogation tactics, procedural mistakes, or errors in how evidence was gathered. This critical information may result in charges being lowered or dismissed. Don’t panic or admit to anything until your lawyer reviews your case. 

With an experienced criminal defense attorney on your side, you can move past shoplifting allegations to get your life back on track.