Did you know that more than $13 billion worth of goods is stolen from retailers every single year? This means that there are a lot of people out there getting arrested for shoplifting. If you are wondering what happens if you get caught shoplifting, you are in the right place.
Keep reading to learn more about what happens next.
What Happens If You Get Caught Shoplifting?
First, DO NOT RUN. Although you will be nervous when you are stopped while you are walking out of the store, the last thing you want to do is run because then the store detective is allowed to apprehend you. They typically have the right to grab you and force you to come back inside the store.
If the local laws do not allow for them to touch you then they will contact the police and then you will have to deal with the cops instead. Make sure to stay calm and not make any sudden moves where they feel threatened because they might attempt to defend themselves.
If you feel you were wrongly accused or the case was handled improperly then a shoplifting attorney is the best person to contact. They will know what the laws are in your area and they will also know if the loss prevention officer handled the situation correctly or not.
Law Enforcement
Law enforcement is not always called to the scene. It really depends on how much was stolen, how you react, and the loss prevention officer’s mood that day. If a cop does come to the store they will attempt to interview you.
You have the right to not answer anything and ask for your attorney. If the amount you stole is valued at less than $1,000 or you do not have a criminal record you might only be issued a ticket or a warning. If you are a repeat offender and you stole thousands worth then you might be taking a free trip in a cop car as a punishment.
Ticket
If you are issued a ticket then you will have to appear in court on a certain date. If they charge you with serious theft then you will want to hire an attorney to help you. If you hire an attorney right when you receive the ticket they might be able to keep you from having to go to court.
They will represent you in court and try to work out the best possible outcome for your situation. The cleaner your criminal record is the better your chances are of having the charges dropped.
An attorney will ask for your police reports and any videos that the state has against you. They will educate themselves on your entire case and see if it is best to file a plea, work out a diversion, or set the case for trial.
Be Careful With What You Sign
Just because you are asked to sign something you don’t have to sign it unless you are completely clear on what you are signing. If you have any concerns or questions about what you are signing you can ask the detective (but keep in mind that they are not attorneys). You can ask to speak to your attorney before signing anything.
You always have the right to speak to an attorney first if you do not understand something and this can’t be held against you. No one can make you sign something you honestly do not understand.
Civil Recovery
There are certain states that have a civil recovery law. This law states that a merchant has the right to file a civil lawsuit against a shoplifter for the costs that they incurred during the shoplifting process.
Civil recovery is how a loss prevention department makes money. The money is usually a 50/50 split between the store and the company that they hire to recover the money from you. A detective will give you a flyer about Civil Demand but not explain further to reduce the store’s liability in the matter.
Before you make any civil payments talk to an attorney. If the attorney finds flaws in your case then they might tell you not to pay the Civil Demand and guide you in the right direction depending on those flaws they find.
Prosecutions Job
If you and your attorney choose to go to trial then there are certain things that the prosecution will have to prove in a theft case. Just because someone is charged with theft it does not mean that they are convicted of theft.
The prosecution has to prove that you did indeed steal what you are being accused of stealing. Unless there is a video of you taking the item or items and concealing them before leaving the store it can be difficult for the prosecution to prove that you were stealing.
If this is a municipal offense then the municipal codes will state exactly what has to be proven. Every single element of that offense has to be met beyond a reasonable doubt in order to obtain a conviction.
Feeling Like a Shoplifting Pro?
Now that you know what happens if you get caught shoplifting you can take the necessary steps to stay out of trouble. Hopefully, you don’t ever have to go through this situation but in case you make the decision to steal and end up getting caught you at least know what to do. Stay calm and hire an attorney if you feel it is best.
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