Criminal Defense Lawyers

New York Shoplifting from Walmart Lawyer

Uh oh, were you or someone you care about accused of shoplifting from a Walmart in New York? Yeah, I’ve been there homie. Getting busted for retail theft is scary stuff. But don’t freak out! This article will break down everything you need to know about fighting Walmart shoplifting charges in NY.

How Does Walmart Catch Shoplifters in New York?

Walmart uses all kinds of high tech tricks to bust shoplifters. Stuff like:

• Security cameras everywhere
• Undercover loss prevention officers
• Electronic article surveillance tags
• AI video analytics software

So don’t think you can outsmart them. Their security tech is on point. If they accuse you of theft, they likely have some kind of supposed “evidence” against you.

Can Walmart Detain You for Shoplifting in New York?

Yes, Walmart employees can legally detain you if they truly believe you’re shoplifting. Usually they’ll do it as you try to leave the store. But here’s the catch – they can only detain you if they have probable cause. That means a reasonable, honest belief you committed theft based on clear proof.

If they detain you without enough evidence, that’s false imprisonment – illegal! A skilled NY shoplifting lawyer can argue they violated your rights.

Will I Be Arrested for Shoplifting from Walmart in New York?

Often yes. If Walmart busts you for retail theft, they can choose to:

1. Handle it internally with a civil demand letter
2. Call the police to arrest you

For higher value shoplifting above $1000, they’ll usually call the cops and press charges. But even for petty theft, police reports and arrests happen a lot.

What Are Common Walmart Shoplifting Charges in New York?

The exact charges depend on circumstances like:

• Value of merchandise stolen
• Your criminal history
• Whether you had weapons or tools

But common NY charges for Walmart theft include:

• Petit larceny
• Grand larceny
• Burglary
• Criminal possession of stolen property

Shoplifting less than $1000 worth of goods is usually petit larceny, a misdemeanor. Above $1000 bumps it up to the felony grand larceny charge.

What Are the Penalties for Shoplifting from Walmart in New York?

Like the charges, penalties vary based on circumstances but can include:

• Up to 1 year in jail for misdemeanors
• State prison from 1 to 25 years for felonies
• Fines up to $1000 for petit larceny
• Probation or community service
• Permanent criminal record

And Walmart may still send a civil demand letter seeking $200 – $500+ in damages, even if criminal charges get dismissed. So don’t take retail theft lightly.

Should I Just Pay Walmart’s Civil Demand to Avoid Charges?

Whoa, slow down there! Many people assume paying Walmart’s civil demand letter ends the matter. Not true! That letter is separate from criminal prosecution. Police and prosecutors can still charge you regardless. My advice? Don’t pay anything or admit guilt before consulting a lawyer.

Will a NY Shoplifting Lawyer Take My Walmart Theft Case?

Fo sho! Experienced NY criminal defense attorneys regularly represent people accused of stealing from major retailers like Walmart. Petty shoplifting cases are super common. Your lawyer’s goals will be getting charges reduced or dismissed, and avoiding a conviction on your record.

What Are Some Walmart Shoplifting Defenses in New York?

Don’t lose hope! Smart lawyers know how to fight these cases. Possible defenses include:

• You were falsely accused – Walmart made a mistake.
• The detention was illegal – No probable cause.
• You were wrongfully arrested – No probable cause.
• Unlawful search and seizure – Violated your rights.
• You have an airtight alibi – You were elsewhere.
• You have mental health issues – Compulsive shoplifting disorder.

An experienced NY theft crimes lawyer will aggressively challenge Walmart’s evidence and build the strongest defense to beat the charges.

Will a Shoplifting Conviction Follow Me Forever?

Unfortunately yes. Shoplifting leaves you with a permanent criminal record that can seriously mess up your future job, school, rental, and loan prospects. That’s why fighting the charges is so important!

Can I Expunge a NY Shoplifting Conviction From My Record?

Here’s the deal: New York doesn’t allow record expungement for adult convictions. But you can get certain minor convictions sealed after 10 years. Sealing won’t completely erase the offense, but it hides it from most background checks.

An experienced NY record clearing attorney can advise you on whether sealing is an option.

Takeaways

Let’s recap the key facts about shoplifting from Walmart in New York:

• Walmart uses high tech security you can’t outsmart.
• Unlawful detention and arrest are common defenses.
• Convictions create permanent criminal records.
• Expungement isn’t possible, but sealing may be.
• Never admit guilt or pay demands before consulting a lawyer!

I hope this guide helped you better understand the serious consequences of Walmart shoplifting charges in NY, and how a skilled lawyer can defend your rights. Don’t go through this alone. You have options! Wishing you the best.