Getting the Best Possible Outcome for a San Francisco Shoplifting Charge

Getting the Best Possible Outcome for a San Francisco Shoplifting Charge

Shoplifting can be a scary situation to find yourself in. Even if it seems like a small mistake, being accused of shoplifting in San Francisco can have serious consequences. The good news is that with the right legal help, you may be able to get the charges reduced or even dismissed. This article will walk you through everything you need to know about how shoplifting charges work in San Francisco, and what you can do to get the best possible outcome for your case.

Understanding Shoplifting Charges in San Francisco

In California, shoplifting is defined as entering a commercial establishment with the intent to steal merchandise while the business is open[1]. The value of the merchandise determines how shoplifting is charged:

• Under $950 – Charged as misdemeanor petty theft, punishable by up to 6 months in county jail[2]
• $950 or more – Charged as felony grand theft, punishable by up to 3 years in jail[3]

San Francisco specifically has seen a major surge in shoplifting cases in recent years. From 2019 to 2020, shoplifting cases jumped by 24% [4]. This is likely due to a combination of factors, including the passage of Proposition 47 in 2014 which reduced penalties for thefts under $950, the economic impacts of the pandemic, and changes to how law enforcement approaches petty crime[5].

While shoplifting may seem like a minor offense, it’s important not to take these charges lightly. Even misdemeanor convictions can result in jail time, fines, probation, and a criminal record that hurts your job prospects and more. The consequences get even more severe if you’re charged with felony grand theft.

The good news? An experienced criminal defense lawyer can often get shoplifting charges reduced or dismissed, minimizing the penalties you face. Here’s an overview of how that works:

Getting Shoplifting Charges Dismissed

For less serious first-time offenses, your attorney may be able to negotiate with the prosecution to get your shoplifting charges dropped entirely. This outcome avoids a conviction and any penalties.

There are a few common ways charges can get dismissed:

• Lack of Evidence – If there is insufficient evidence to prove your guilt beyond a reasonable doubt, the case can get tossed out. For example, if you were wrongly accused or there are no cameras or witnesses.
• Civil Compromise – The store agrees to drop the charges if you pay restitution for the stolen goods. You must not have a criminal record.
• Pre-Trial Diversion – You complete a rehabilitation program, community service, etc. and the charges are dismissed.

Your lawyer will review the details of your case to determine the best dismissal strategy. Acting quickly is key, as options like civil compromise must happen before your first court date.

Plea Bargains to Reduce Charges

If the charges won’t get dropped entirely, your attorney can often negotiate a plea deal with the prosecutor to convict you of a less serious offense.

For example, a felony grand theft charge could potentially get reduced to a misdemeanor through a plea bargain. The pros are avoiding felony-level penalties, but the con is that you do end up with a misdemeanor conviction on your record.

Common shoplifting plea bargains include:

• Petty Theft Misdemeanor – Instead of a felony, you plead to a misdemeanor.
• Infraction – Plead to a non-criminal infraction, like trespassing. No jail time.
• Restitution – Repay the store and charges get reduced.

Your lawyer will fight for the best deal possible given the circumstances of your case. Make sure you understand all the terms before accepting any bargain.

Using Defenses to Fight the Charges

Rather than take a plea deal, your attorney may recommend fighting the allegations at a jury trial. There are many shoplifting defenses that could get you a full acquittal:

• False accusation – You were wrongfully accused and did not actually steal anything.
• Mistake – You forgot an item was in your bag when leaving the store.
• Mental state – You lacked the required criminal intent due to mental illness.
• Necessity – You stole food or baby formula out of necessity.
• Unlawful search – Evidence was found through an illegal search, violating your rights.
• Miranda violations – You were interrogated without being read your rights first.

A skilled lawyer will look at every angle of your case to figure out the best defense strategy. Shoplifting trials often come down to the credibility of witnesses, so an aggressive defense can create enough reasonable doubt for an acquittal.

What to Expect at Your Arraignment and Preliminary Hearing

After getting arrested for shoplifting in San Francisco, your case will start with an arraignment hearing. This is where you are formally charged, enter a plea of guilty or not guilty, and get informed of your rights.

If charged with a felony, your case will also go through a preliminary hearing after arraignment. This involves the prosecution presenting enough evidence to show there is probable cause to support the charges against you.

Having an attorney represent you at these critical hearings is extremely important. They will advise you on pleading not guilty to preserve your defenses, argue against excessive bail, and start poking holes in the prosecution’s case.

Should You Take Your Case to Trial?

Deciding whether to take a shoplifting charge to trial is a major decision that requires weighing the risks and rewards. On one hand, a trial gives you the chance to fight for a full acquittal. But on the other, you lose control of the outcome and face the maximum penalties if convicted.

Here are some factors your lawyer will consider when advising if you should go to trial:

• Strength of evidence against you
• Potential defenses you can raise
• Likelihood of winning at trial
• Potential plea bargain offers
• Sentencing if you lose at trial

In general, first-time offenders have a better shot at a good plea deal or dismissal. But for more serious or complex cases, or if you have a prior record, trial may be the best option. An experienced criminal defense lawyer is key for making this decision.

Impact of a Shoplifting Conviction on Your Criminal Record

Any shoplifting conviction, whether a misdemeanor or felony, will end up on your criminal record. Here are some of the main consequences:

• Difficulty finding a job, especially government and security jobs
• Impacts ability to obtain professional licenses
• Limitations on immigration status for non-citizens
• Enhanced penalties for any future criminal charges
• Certain convictions lead to loss of voting rights
• Potential difficulty finding housing
• Bars from possessing firearms
• Social stigma of having a record

Sealing or expunging a shoplifting conviction from your record through a 1203.4 dismissal can help minimize these consequences. An attorney can advise you on this process after completing your sentence.

Probation, Fines, and Other Penalties

If convicted of shoplifting, even a misdemeanor, common penalties include:

• Probation – Period of court supervision lasting 1-3 years. Violating probation risks jail time.
• Fines – Between $100 to $1000, more for felonies.
• Jail – Up to 6 months for misdemeanors, longer for felonies.
• Community service – Mandatory volunteer work, usually 40-100 hours.
• Counseling – Shoplifting prevention classes or therapy.
• Stay-away order – Order prohibiting you from entering the store.

The penalties stack up higher for repeat offenders. Talk to your lawyer about programs like deferred entry of judgment that allow avoiding penalties.