While some people think that making it out of the store means that there won’t be repercussions, that’s not always the case – there’s always surveillance, after all, and that info is saved. So, if you’re caught shoplifting 2 months later, what do you do?
You’ll first need to determine if you are being fined from the store for ‘civil restitution’ or if actual criminal charges have been filed. Next, if you honestly left with an item on accident, consider if the camera will back this up. Finally, get a lawyer – you may qualify for informal diversion programs that can help you avoid jail and maybe get the charges dropped altogether.
In this article, we’ll break this information down in a little more detail so that you’ll better understand what you are in for. Shoplifting charges are serious – so read on and we’ll tell you what to do!
Understanding your rights if you’ve been accused of shoplifting
While shoplifting is generally viewed as simply leaving a store with an item that you haven’t paid for, there are also subcategories that count towards a shoplifting or ‘furtherance of shoplifting’ charge, with examples including:
- Removing or trying to remove a security tag on your own
- ‘Switching’ price tags on an item
- Removing an item from the packaging without store assistance
- Concealing an item in your pocket or otherwise on your person
- Hiding an item somewhere else for ‘easy access’ later
Charges will vary based on the value of the item although shoplifting is typically charged the same as petty theft or petty larceny.
This is considered a misdemeanor office and could result in fines, jail time, and community service, and the store might even sue you for civil restitution afterward to pay for the item and expenses accrued in catching you shoplifting. This brings us to the first thing to consider.
Is it a request for civil restitution or actual charges?
When you’ve been caught ‘after the fact’, sometimes it is a matter of the investigators working for the store who have identified you on their own and who will sometimes send you a letter asking for civil restitution.
What this means is that rather than pressing charges right away, the store is giving you the option to pay them compensation in order for them to forgo pressing charges.
This can cost you anywhere from $50 to $500, possibly more – it will depend on the value of the merchandise that was taken, and it’s usually not cheap.
Now, if you receive a notice for civil restitution, then as expensive as it may be, you are actually getting a ‘lucky break’ and your best bet is to simply pay it. Especially when you consider that depending on your local laws, a shoplifting charge may well be a fine of $250-1000, potential jail time, and community service, even for a first infraction – again, depending on local laws in YOUR state.
Your first impulse might be to ignore it or to try to fight it. We do NOT recommend this course of action and we’ll tell you why.
Is the surveillance footage going to back up your side of the story?
When you receive a notice for civil restitution, what you need to understand is that they’ve probably got you ‘dead to rights’. Store investigators typically look for a combination of behaviors.
For instance, they will see you moving towards a specific item, taking it from the shelf, and then concealing it in some form or fashion – right away or perhaps moving it somewhere innocuous and out of view.
After that, they continue observing to track both you and the item so that they may establish 100% that you left the store with the item. If you believe that the surveillance camera will show that you simply forgot the item, then a lawyer might be able to argue a ‘no intent’ defense to get the charges dropped, but don’t count on it — if it’s come this far, the odds are that they have a very compelling case in the form of footage and possibly even testimony from employees who felt that you were behaving suspiciously.
In rare cases, some people may be spotted wearing stolen merchandise in Facebook pictures and other social media appearances – without knowing exactly what the store has on you, it’s really best to simply pay the fine and move on with your life.
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Lawyer up – It’s for your own good
If you receive a notice in the mail or a phone call stating that formal charges have been filed and a warrant has been issued for your arrest, then it’s time to get a lawyer involved. While you could use a court-appointed one if you absolutely have to, it’s much better to hire your own lawyer.
It’s expensive, yes, but you’ll know that they will be actively committed to helping you to deal with these charges, while an overworked court-appointed lawyer may ‘cut corners’ just to get yet another case ‘out of the way’.
The reason that you’ll want a lawyer on your side is that they can explain exactly what you are being charged with in ‘layman’s terms’.
Since fines and jail time will differ from state to state, this is vital information, and while you could look it up on the internet, there’s no guarantee that you are reading current data without a whole lot of Googling.
Once the charges have been established, the lawyer can help you determine your next steps. You’ll need to turn yourself in and someone will need to bail you out (especially if you are working), and the lawyer can give you solid advice about how possible this will be and what your bail will likely be set at.
Finally, there are options such as informal diversion programs and community service options that may be unique to your location, and your lawyer will know all of them to give you the best chances at a low fine, probation instead of jail, or possibly even getting the charges dropped completely.
Ask your lawyer about informal diversion programs
Yes, we mentioned the possibility of getting charges dropped completely, and this is done through an informal diversion program or the local equivalent in your location.
In some cases, such as if you have a clean record or are dealing with certain hardships, a judge may allow you to enter into a program where you may be asked to attend rehab, perform community service, or take certain classes.
This is typically done in the form of a program that lasts a few months or up to a year and if it is completed, then the charges may be removed from your record.
Programs like these are just another good reason why it’s important to ‘lawyer up’ – you’re in a lot of trouble and having an expert on your time can be the difference between fines and a program or even heavier fines and a year or more in jail.
Some closing words
Today we’ve talked about a scenario where you’ve been caught shoplifting 2 months later and the consensus is, here’s what to do: First, figure out if it’s a civil restitution request or actual charges. If it’s the former, then pay the fine and DON’T try to fight it. If it is the latter, however, then it’s time to get a lawyer.
A lawyer can let you know exactly what you are facing and the best way to navigate through your troubles, potentially helping you to avoid jail time and the worst of the fees. A court-appointed lawyer may still be able to do this, but they are often overworked and so you don’t want to have to count on that.
Finally, a lawyer may be able to help you get into an informal diversion program, where the charges might even be dropped.
Yes, it’s expensive, but think of it as a life lesson. Shoplifting is serious business, so now is the time to get this taken care of or put it behind you, and move on with your life – without inviting any more trouble through bad choices like shoplifting!