Shoplifting Attorney Fresno

Fresno Shoplifting Lawyer

Shoplifting in Fresno is a crime of theft that can carry a variety of possible punishments. A suspected shoplifter is usually approached and detained by store security immediately after being noticed taking products from the business without paying for it.

A commonly asked question by people charged with the offense is exactly what are the likely effects and just how are they going to be treated by the criminal justice system and the Court. The actual answer to that question depends on exactly what actions are done by the arrested shoplifter right after the event.

In the event that the individual becomes practical and seeks the help of a Fresno attorney, the result can, and frequently will be very different from those who did nothing and buried their head in the sand hoping it will all disappear.

As a Fresno criminal defense lawyer defending clients charged with shoplifting and theft for many years, our offices have the firsthand knowledge and expertise to fix these kinds of particularly embarrassing situations and work on obtaining a disposition that, on many occasions, does not produce a criminal conviction that could haunt a person throughout their lives.

Regrettably, many folks make the significant blunder of listening to friends who happen to be arrested or so-called experts they met in jail, as well as other non-legal professionals who actually tell them to save their money and go to Court and plead no contest for probation. The long lasting consequences of this decision could be devastating.

Companies are more and more doing exhaustive criminal records investigations on potential employees and consider a shoplifting conviction to be a major act of dishonesty, justifying the rejection of employment.

A criminal defense lawyer Fresno who understands the local customs and practices of the Court could find an alternative choice to a criminal conviction, for example: civil compromise with the store, informal diversion, city lawyer alternative disposition, conditional dismissal, infraction adjudications, reductions to non-theft offenses, dismissals due to insufficiency of the evidence, are common methods that can be employed in a shoplifting case to reduce the end result.

Our firm aims to find ways to help our clients avoid a permanent scar on their record when cited or arrested for shoplifting. For instance, in cases affecting second time offenders, if retained right after the event, theft charges could be fixed by implementing a counseling plan with recognized providers. Additionally, we will go to Court for the client when necessary, sparing our unnerved clients the embarrassment of a public appearance before a Judge in an open Court of Law.

A frequently asked question concerning a shoplifting arrest is whether the District Lawyer needs to have a videotape of the act so as to convict in Court. The easy answer to that question is no.

A shoplifting case usually requires observations by loss prevention officers, additional eyewitnesses and admissions and possible confessions by the accused. The great news is the fact that an experienced lawyer can often punch substantial holes in the case to raise reasonable doubt in an effort to either get the charges lowered or terminated in many instances.

When evaluating an attorney to protect you on a shoplifting case it is very important find a lawyer who’s got a history of good results. Our firm has such a track record. What is very important in all of the Fresno shoplifting cases is obtaining a defense attorney immediately after the person is released from custody.

Our firm will try to begin phone with store counsel in many cases and negotiate just what some call as a “civil compromise” in which the client pays statutory civil penalties and costs to the victim in return for a commitment to not seek criminal prosecution.

Call our office directly right away for a free consultation about your shoplifting case. Our fees are affordable and we will deal with the case personally, restricting the need of having to talk about the situation with non-lawyers like paralegals and legal assistants.

Fresno Shoplifting Offense

Even though the term “shoplifting” often invokes images of youngsters stealing bubblegum and candy from the local convenience store, the truth is, the offense bears with it heavy penalties. Those arrested for shoplifting in Fresno face charges which range from a disorderly persons offense up to an indictment for a second degree crime, and calls for an attorney in our judgment.

Every lawyer at our Law Firm is prepared to defend you from these serious claims. Our law firm takes care of shoplifting cases in Fresno and statewide. The lawyers at our Law Firm will insure that your interests are protected each and every step of the way. Speak to us immediately for a no cost consultation.

Fresno Shoplifting Law

Shoplifting can include any one or more of the following acts:

(1) For any person deliberately to take possession of, carry away, move or cause to be carried away or transferred, any products shown, kept, stored or presented for sale by every shop or some other retail mercantile establishment with the aim of depriving the merchant of the possession, use or advantage of such products or converting the same to the use of such person without paying to the merchant the total retail value thereof.

(2) For any individual deliberately to conceal upon his individual or otherwise any goods offered for sale by any store or other retail mercantile establishment with the aim of depriving the merchant of the processes, use or benefit of such products or converting the same to the use of such individual without paying to the merchant the value thereof.

(3) For any individual intentionally to alter, transfer or take away any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any goods displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such goods personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.

(4) For any individual purposely to transfer any items displayed, held, stored or offered for sale by any store or other retail items establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

(5) For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.

(6) For any individual purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

More details on shoplifting.

It is worth noting that an individual can only be penalized for this offense if he/she acted with purpose, meaning that there must be some intention on the part of the defendant to take without having to pay.

However, the state can satisfy its burden of proof by demonstrating that the defendant purposefully hid the items, which is prima facie evidence of the intent to permanently deprive. Nonetheless, this intention requirement often gives fertile ground for defense tactics.

An individual has committed a shoplifting offense if he/she,

(1) takes or carries away products offered for sale,

(2) hides or conceals merchandise,

(3) switches or adjusts price tags,

(4) transfers goods from one container to another,

(5) under-rings at the register, or

(6) removes a shopping cart from the store.

Most frequently, an individual is detained prior to leaving the place and accused of hiding or concealing items. A law enforcement office may detain a shoplifting suspect for a reasonable period of time and in a reasonable manner upon obtaining probable cause to think that the suspect “willfully concealed un-purchased merchandise.” Additionally, the officer have to believe that “he can recover the products by having the individual into custody.”

Whether or not the detention was reasonable is a ruling to be made by the court. In the event the judge discovers that the officer effectuating the detention didn’t act fairly, criminal and/or civil charges may result.

An attorney from our Fresno law firm will ensure that the prosecution fulfills its burden of proof and, if he does not, the case is terminated and/or downgraded.

Mandatory Jail and Mandatory Community Service Penalties

For most states, the shoplifting statute requires community service for a first offense, second offense and third offense. Just for the first offense, the offender must perform 10 days of community service. For the second offense, fifteen days of community service, and for the third or following offense, no more than twenty five days may be imposed. Furthermore, if you are found guilty of a third offense, you will be sentenced to a mandatory minimum term of three months jail time.

It is important to remember however, that the accused could be exposed to imprisonment on a first offense or second offense if an indictable shoplifting offense is involved. If a person is indicted for a fourth degree, third degree, or higher offense, then the sentencing and jail provisions under the criminal code will apply.

Because of the consequences related to gathering shoplifting convictions, and the jail involved with indictable offenses, it really is of utmost importance that you get a criminal defense lawyer who can assist you to avoid the numerous pitfalls that surround this area of the law. Every single lawyer at our law firm is knowledgeable in taking on shoplifting charges in Fresno.