Criminal Defense for Philadelphia Retail Industry Employees

So You Got Caught Shoplifting at Work – What Now?

Getting accused of theft or shoplifting at your retail job can be scary and overwhelming. Believe me, I’ve been there! As a defense lawyer in Philly, I see these kinds of cases all the time.

Let’s break down what happens when loss prevention catches you stealing, what that means legally, and most importantly – your options and rights as an employee. I’ll try to keep the legal mumbo jumbo to a minimum!

The Dreaded Stop

So you’re working the closing shift, have an impulse to snag a shirt or some makeup, slip it in your bag and think you’re in the clear. But when you go to leave, loss prevention is waiting for you. Uh oh.

They take you to the back room and start grilling you with questions. If you aren’t prepared, it’s easy to panic and say something you shouldn’t.

Here’s the key: don’t answer any questions until you talk to a lawyer! Be polite but firm – “I’m not comfortable answering questions right now.”

Loss prevention will try to get you to confess or sign something admitting guilt. Don’t! Even if you’re scared in the moment, it can really come back to bite you legally.

Understanding the Charges

In Philly, most retail theft cases fall under misdemeanor retail theft if it’s under $150. That’s still a criminal charge that goes on your record – nothing to brush off.

If it’s over $150 stolen, it becomes a felony charge which is much more serious with heavier penalties. Plus you lose certain rights, like voting and owning a gun. No bueno.

But It Was My First Offense!

I hear this a lot – “it’s my first time getting in trouble, will they go easy on me?”

Maybe. First offenses often qualify for a diversionary program instead of jail time. But with retail theft specifically, DAs tend to throw the book anyway because it’s so common.

Especially with the rise in organized retail crime rings in Philly lately. Stores are cracking down hard.

So while it might lead to a slap on the wrist for low-level employees, you can’t count on it.

Calling in a Lawyer ASAP

After getting caught, your first move needs to be calling an experienced criminal defense attorney.

Seriously, it’s crucial that you lawyer up before talking to police or signing any statements. Anything you say can and will be used against you otherwise.

A good lawyer knows how to negotiate with the DA on your behalf, make sure your rights aren’t violated, and build the strongest defense case possible.

Public defenders do great work but are totally overloaded. Better to make defending shoplifters their specialty.

Mounting Your Defense

There are quite a few avenues we can pursue in defending retail theft charges:

• You didn’t actually steal anything – Mistaken identity or the merchandise was already paid for.
• Lack of evidence – No camera footage or unreliable witnesses. Makes the DA’s job harder.
• Duress or necessity – You stole formula for your baby, not new shoes for yourself. Context matters.
• Unlawful search – Loss prevention went through your bag without permission, violating privacy rights.
• Mental health factors – Shoplifting tied to illness like kleptomania can reduce charges.

A good lawyer will dig into the details of your case, build rapport with prosecutors, and negotiate for lesser charges or a diversion program whenever possible.

Diversion Programs – Your Get Out of Jail Free Card

For low-level retail employees with no prior record, diversion is often the best case scenario.

These are programs like ARD that let first-time offenders do community service, counseling, etc. to avoid a permanent criminal record.

The catch is you must admit guilt up front, which can be tough to swallow. But way better than jail or heavy fines!

Diversion also depends heavily on the judge and DA assigned to your case. Some believe in second chances more than others. We work those relationships.

What About My Job – Can They Fire Me?

If you’re worried about getting canned after being charged, well…you probably will.

Most big retailers have zero tolerance policies for employee theft. Small businesses might keep you on if it seems like a one-off bad choice.

But understandably, no store wants to employ known shoplifters handling merchandise and cash. It’s seen as untrustworthy at minimum.

So while the criminal case plays out, start looking for a new gig. Retail likely won’t welcome you back regardless of legal outcome. Harsh but true.

Final Thoughts

Look, I know it’s easy to beat yourself up and feel like your life is over after shoplifting at work. But there is always hope, and good options still on the table!

With an experienced Philly defense lawyer guiding you, we can minimize charges and consequences as much as legally possible.

If you or a loved one got caught stealing on the job, take a breath – and then call me to start building your defense. This one bad choice does NOT define your future unless you let it.

You got this! Now let’s get to work.

Let me know if you have any other questions in the comments!