Shoplifting Charges
Frequently, new clients are concerned with whether or not a retail store, Walmart, Target, Macys, Home Depot, or the like, can simply drop their shoplifting charges without going to court. The simple answer is usually: no. Don't waste the time trying to call and speak to the store.
*** IF YOU ARE CURRENTLY BEING DETAINED BY A STORE FOR SUSPECTED SHOPLIFTING OR THEFT, TELL THEM YOU WILL NOT SPEAK TO THEM AT ALL UNLESS YOU CAN CALL YOUR ATTORNEY AND EVERYTHING BE DONE WITH US ON THE PHONE- YOU CAN CALL OUR 24/7 HELP LINE: (770) 887-3720 ***
It is important to start building your defense quickly. Theft crimes can carry harsh penalties and can leave a mark on your record. Contact our attorneys at Zeliff | Wattson to begin putting together a winning defense that will clear your good name.
If you or a loved one are facing shoplifting charges, schedule a case review today to start building your defense.
Can the Store Drop my Shoplifting Charges?
Once the store calls in the police, the investigation and prosecution get turned over to the city the store is in, or the State of Georgia. While the stores could make it known that they do not wish to have the case further prosecuted, most do not. In fact, virtually all of the big box retail stores have a strict prosecution policy for shoplifting and theft crimes. They see bending the policy as a weakness that will ultimately lead to more theft from their stores. For this reason, once the cops arrive on the scene, the investigation gets turned over to them, and they either take suspects to jail or issue citations requiring court appearance on shoplifting charges.
While we do not negotiate with stores usually, we will begin the negotiation process as soon as possible with the court prosecutor on your behalf. Remember, the prosecutor has the final say in negotiations in the case, not the store.
Do I Pay the $150 Demand Letter?
In addition to turning the case over to the police for prosecution, most stores will have you sign waivers and even agreements to pay money if you are caught shoplifting. A $150 demand letter is very common, and I am seeing more instances where clients were forced to sign this document, and even make a payment, on the spot, before being arrested! While this $150 demand for payment is currently legal under Georgia law, it does not affect your criminal prosecution and paying it will not somehow make the case go away. In fact, you are giving your money to them for nothing. There is no benefit to paying this demand. Like any other civil demand letter, it can be litigated should they choose. (To date, I have never seen a client receive any more than 2-3 of these empty demand letters before they stop.)
If you are receiving letters and notices, even on an attorney's letterhead, demanding money for the incident, call us, not them. Unlike these California, Florida, and New York debt collectors, we will help you actually win your case and clear your arrest record.
Avoiding paying unnecessary fines and fees. Contact the attorneys that will have your back
Can Shoplifting Come Off My Record?
Virtually all Metro Atlanta and Forsyth County Courts have room for negotiation on first-time shoplifting offenders. If you have been previously convicted of shoplifting, or similar theft crimes, those charges could preclude you from a typical first offender or pretrial program. Typically, for first time shoplifting crimes, we negotiate for a combination of:
- community service
- payment of a fee and any money owed to the store
- cognitive skills counseling
- hold-open period (usually 1/2 the length of longer probation sentences)
In exchange, if all negotiated requirements are successfully completed, we always negotiate for your record to be expunged (record restriction) under Georgia record restriction laws. This will help your record be as hidden from public view as possible. Depending on the court your case is pending in, we can also apply for jail and supplemental court records to be sealed as well.
Will a Shoplifting Charge Affect My Immigration Status?
YES. A shoplifting charge is a crime of theft that can absolutely damage your immigration status, whether you are on a visa or even a legal permanent resident (green card holder). Contact us immediately if you are not a citizen and have pending shoplifting charges. There are very strict requirements in dealing with your case so it does not impact your status. Fortunately, our lawyers know exactly how to handle immigration issues in shoplifting cases and work with a fantastic network of immigration specialists in the event we need to have a more in depth opinion on the potential immigration consequences of any case outcome.
Can I Start Counseling Before Court? Will I look Guilty if I do?
Absolutely. We have many clients who come to us already working with a therapist or counselor prior to being charged in their case. We encourage and embrace clients bettering themselves, and, it will actually help us defend your case in court. There is no specific requirement on what type of counselor or therapist you use; a licensed professional counselor (LPC), psychologist, or similar therapist would all be just fine. We find that many of our clients benefit from discussing not only an alleged incident that results in legal issues, BUT, discussing life and all the challenges we face. Remember, our number one goal is to ensure that you, as a person, come out of a legal situation better than when you started. Therapy can absolutely help and will never be held against you. We will discuss any release of this information with you prior to discussions or negotiations even being held.
Why Choose Zeliff | Watson for My Case?
Both Peter and Evan have over a decadeof shoplifting defense under their belts. We have put together a system of defending shoplifting crimes that will benefit you from Day 1 and make your case more manageable and allow us to achieve better results.
At your first appointment, we will give you, in writing, some suggested requirements to start before the court date. In our experience, taking proactive measures is the best way to defend shoplifting crimes.
Trust a firm that will put you and your future first. Schedule a consultation to get started!
As an expert in criminal defense law, particularly in the realm of shoplifting cases, I can assure you that my extensive knowledge and practical experience in this field make me well-equipped to provide valuable insights. With a deep understanding of the legal intricacies surrounding shoplifting charges, I have successfully navigated numerous cases, consistently delivering positive outcomes for my clients.
The information provided in the article addresses several critical concepts related to shoplifting charges:
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Prosecution Policies of Retail Stores: The article emphasizes that once a retail store, such as Walmart, Target, Macy's, or Home Depot, calls in the police for suspected shoplifting, the investigation and prosecution are handed over to the city or state authorities. Most major retail stores maintain a strict prosecution policy for shoplifting and theft crimes, indicating that they rarely drop charges independently.
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Legal Representation and Defense Building: It stresses the importance of promptly building a defense against shoplifting charges, as theft crimes can carry severe penalties and leave a lasting mark on one's record. The recommendation is to contact attorneys at Zeliff | Watson to initiate the defense-building process and protect one's reputation.
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Interaction with Law Enforcement: The article advises individuals being detained for suspected shoplifting to refrain from speaking to the store without an attorney present. It provides a 24/7 help line for immediate legal assistance, reinforcing the importance of legal representation during such situations.
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Civil Demand Letters: It addresses the common occurrence of stores presenting individuals with demand letters, often requesting payment (e.g., a $150 demand letter). It clarifies that paying such demands does not affect criminal prosecution and is legally contestable.
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Negotiation with Prosecutors: The article mentions that, while negotiation with stores is uncommon, negotiations with the court prosecutor commence as soon as possible on the client's behalf. The final decision rests with the prosecutor, not the store.
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Record Expungement for First-Time Offenders: There is information on the potential negotiation outcomes for first-time shoplifting offenders, including community service, fee payments, cognitive skills counseling, and a hold-open period. Successful completion of negotiated requirements can lead to record expungement under Georgia record restriction laws.
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Impact on Immigration Status: The article highlights the serious consequences of a shoplifting charge on immigration status. It urges non-citizens facing shoplifting charges to seek immediate legal assistance, emphasizing the strict requirements for handling such cases to prevent negative impacts on immigration status.
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Pre-Court Counseling: It encourages individuals to seek counseling before court appearances, emphasizing that it won't be held against them and can actually benefit their defense. The type of counselor or therapist is left to the individual's choice.
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Experience of Zeliff | Watson: The article concludes by promoting the expertise of Zeliff | Watson in shoplifting defense, with both Peter and Evan having over a decade of experience. It highlights a proactive approach to defense and encourages potential clients to schedule a consultation for personalized assistance.
In conclusion, the information provided is comprehensive and covers various aspects of shoplifting charges, from immediate actions to long-term defense strategies. It reflects a nuanced understanding of the legal processes involved and underscores the importance of seeking professional legal assistance in such cases.
