Combatting Allegations of Philadelphia Shoplifting and Retail Theft

Combatting Allegations of Philadelphia Shoplifting and Retail Theft

Shoplifting and retail theft charges in Philadelphia can carry serious penalties, but there are often complex circumstances behind such actions that call for empathy and understanding rather than harsh punishment. This article provides an overview of relevant laws, the litigation process, proactive policies retailers use, and practical tips if you find yourself accused.

Relevant Laws and Potential Penalties

In Pennsylvania, shoplifting falls under the state’s retail theft statute which covers taking merchandise without paying with the intent of depriving the merchant. Even small items are covered under this law. Penalties vary based on number of offenses and value of goods, but can include:

• Fines up to $2,000 for first offenses over $150
• Jail time up to 90 days for repeat offenses
• Permanent criminal record

Prosecutors can also choose to charge under the state’s general theft laws instead which carry even stiffer penalties. It’s important to consult with a criminal defense lawyer to understand exactly what you are being charged with and potential outcomes.

Overview of the Retail Theft Litigation Process

If a store’s security personnel catch someone shoplifting or have evidence from surveillance cameras, they may detain the suspect and call local police. Police will then make an arrest if they feel there are grounds to do so. What happens next varies case by case, but often includes:

• Booking at the police station with charges filed
• Potentially waiting in jail for an arraignment hearing
• At arraignment, entering a not guilty plea and bail may be set
• Prosecutors review evidence and decide how vigorously to pursue charges
• Defense lawyer works to get charges reduced or dropped through various arguments
• If charges remain, the case goes to trial with potential for fines and jail time if convicted

Many cases end up in a pretrial diversion program which drops charges if the accused completes certain conditions like community service, education courses, or restitution payments. The evidence and defense arguments determine eligibility for these alternative programs.

Retailer Loss Prevention Strategies

Large retailers spend heavily on loss prevention departments and technology to detect and prosecute shoplifters. Common policies and tools include:

• Video surveillance cameras throughout the premises
• Security tags on expensive merchandise that trigger alarms
• Uniformed and plainclothes security personnel
• Bag checks when leaving the store
• Limiting access to high theft areas like electronics

While understandable from a business perspective, some critics argue these practices infringe on customer privacy and lead to racial profiling incidents. Accused shoplifters often feel retailers escalate situations too quickly to police and prosecutors without just cause.

Tips If You Are Accused of Shoplifting

While mistakes happen, staying calm and knowing your rights is critical if you face shoplifting allegations:

• Don’t panic or get angry – it will only make you appear guilty
• Be polite if store security stops you, but don’t consent to bag searches
• Don’t resist if police decide to arrest you – argue your case later
• Don’t make statements to police – ask for your lawyer
• Document your version of events as soon as possible
• Hire a criminal defense lawyer to negotiate on your behalf
• See if you qualify for a diversion program to avoid conviction
• Get character statements from friends, employers etc.
• Note any medical conditions, financial hardships or other context for your lawyer
• Arrange bail from a bondsman if needed to avoid jail before trial

While shoplifting charges should be taken very seriously, good legal representation combined with empathy for the accused can help lead to better outcomes all around. Harsh punishment is not always the answer, especially for first time offenders. Compassion and rehabilitation programs may do more long term good.

Now that you have a better understanding of relevant laws, retailer strategies, and tips if accused, use the following links to explore further resources:

• Overview of PA shoplifting laws from criminal lawyers
• Retail loss prevention technologies and their issues
• Inside the shady world of retail LP interrogations
• Defense lawyer’s tips for a shoplifting arrest

Shoplifting charges are complex, but staying calm and finding an experienced lawyer can help lead to the best outcome. There are often alternatives to harsh punishment that serve all sides better.