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What to Do if You’re Arrested for Shoplifting in Philadelphia

March 21, 2024 Uncategorized

What to Do if You’re Arrested for Shoplifting in Philadelphia

Getting arrested for shoplifting in Philadelphia can be scary. Even if it’s a first offense or a misunderstanding, the consequences can be serious. Here’s what you need to know and do if you find yourself in this situation:

Understand the Law

Shoplifting, or “retail theft” as it’s called in Pennsylvania, basically means taking merchandise from a store without paying for it. The penalties depend on how much the items are worth and if you have prior convictions:

  • Under $150 with no priors – up to 90 days in jail and $300 fine (summary offense)
  • $150-$2000 value or second offense – up to 5 years in jail (misdemeanor)
  • Over $2000 or third offense – up to 10 years in jail (felony)

So even a first offense can lead to jail time and a criminal record. It’s important to take it seriously and get a lawyer to help you.

Get an Attorney

After being arrested, your first call should be to a criminal defense attorney who specializes in shoplifting cases. Don’t talk to the police or prosecutors without your lawyer present. A good attorney can help in several ways:

  • Advise you on your rights and legal options
  • Negotiate with the prosecutor, maybe getting charges reduced or dismissed
  • Build defenses like you didn’t intend to steal or were wrongly identified
  • Represent you in court if it goes to trial

Having an experienced lawyer makes a big difference. Public defenders handle a lot of cases and may not be able to give yours as much attention. It’s worth investing in a private attorney.

Gather Evidence

Your attorney will want to start gathering evidence right away. This can include:

  • Store surveillance video
  • Receipts proving you paid for items
  • Witness statements
  • Proof you were elsewhere at the time

The more evidence in your favor, the better. Your lawyer can properly obtain and present this material to help your case.

Consider Diversion Programs

For first-time offenders charged with low-level shoplifting, prosecutors may offer diversion programs as an alternative to jail and a criminal record. These involve classes, community service, restitution to the store, or other conditions. If completed, the charges are often dropped. Discuss any diversion offer with your lawyer before accepting.

Don’t Admit Guilt

Even if arrested, don’t admit anything or sign any statements until you have legal advice. What you say can be used against you. Let your lawyer do the talking and negotiating once hired.

Show Up for Court

If your case can’t be dismissed quickly, there will be court dates. Be sure to show up on time and dressed respectfully. Missing court can result in an arrest warrant or contempt charges. Your lawyer will advise you on court procedures and preparation.

Accept a Plea Deal Carefully

Many shoplifting cases end in plea bargains rather than going to trial. This involves pleading guilty in return for lesser charges or a lighter sentence. While sometimes necessary, plea deals still result in a criminal conviction. Consult with your lawyer before accepting any plea offer from the prosecution.

Prepare for Trial

If no plea deal is reached and your case goes to trial, your attorney will handle presenting evidence and questioning witnesses. You may need to testify on your own behalf, so tell the full truth. Not being convicted at trial is the best outcome, though not guaranteed.

Get Character References

Judges consider your character and background when imposing sentences. Letters from family, friends, employers, etc. vouching for your good reputation can help. Your lawyer can explain when and how to submit these.

Expect Probation and Fines

Even with a good lawyer, first-time shoplifting offenders often get probation and fines. Rules of probation can include drug testing, classes, community service, etc. Not following the rules could result in jail time. Pay fines promptly to avoid further issues.

Avoid Future Trouble

A shoplifting conviction makes it harder to get jobs, housing, loans, etc. Avoid more legal issues in the future. Stealing again while on probation can mean harsh penalties. Get counseling if needed to address underlying issues.

Dealing with a shoplifting charge in Philadelphia can be daunting. An experienced criminal defense lawyer can guide you through the process and advocate for the best possible outcome. Don’t go it alone. The costs of skilled legal help are outweighed by what’s at stake.

References

Here are the sources cited in this article:

Retail Theft / Shoplifting Robbery | Philadelphia Criminal Defense Attorney – Lento Law Firm

Philadelphia Shoplifting Penalties | Retail Theft Consequences – Pennsylvania Criminal Lawyer

Philadelphia Shoplifting Lawyer | Laws and Penalties

Can You Go to Jail for Shoplifting in Pennsylvania? – Liberty Law Team

OK, Let’s Talk about Shoplifting and the Law in Philadelphia – Reddit

Pennsylvania Shoplifting Laws | Purchase, George & Murphey, P.C.

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