Getting arrested for shoplifting may seem like a minor issue, but a conviction can impact your ability to obtain employment, housing, and certain professional licenses. Many people assume a misdemeanor theft charge is small and pleading guilty will resolve the situation quickly, but that’s not always the right move. Fighting your charges with the help of a skilled attorney will give you a better chance at reduced penalties and possibly avoid a conviction.
Here are six reasons you should fight.
1. It’s possible to beat shoplifting charges
Everyone’s situation is different and there are no guarantees, but under certain circumstances, it’s possible to beat shoplifting charges. Some people get their charges dropped, but only when working with a lawyer. Shoplifting cases usually involve analyzing surveillance footage, witness statements, and security or police reports. Prosecutors will be counting on you to make a mistake, so it’s critical to have legal representation to challenge the evidence and negotiate.
Your attorney will challenge weak evidence like unclear, incomplete, or grainy security footage. They’ll also argue, when appropriate, that the prosecution’s evidence doesn’t prove intent. Fighting shoplifting charges doesn’t guarantee a win, but the stakes are too high not to fight.
2. A shoplifting conviction can hurt employment opportunities
Many companies see crimes involving dishonesty as a liability. Even entry-level jobs and retail businesses review applicant conduct through background checks before hiring. Most retail jobs require handling cash, inventory, or property, and hiring managers will reject applicants with a history of theft convictions.
If you already hold a professional license in a field like healthcare, real estate, teaching, or security, you might face licensing issues after a conviction. If you work a different type of job, a conviction might prevent you from pursuing a career in one of these fields.
Regardless of your job, your employer might terminate you or refuse to advance you into a management position. This is how a single theft conviction can impact you far beyond the time it takes to get through your case.
3. Intent matters
The mistaken belief is that leaving a store with unpaid merchandise automatically means you’re guilty, but that isn’t always true. Prosecutors have to prove you intended to steal, and that can be hard to establish. People make mistakes while shopping all the time. They forget items in the cart, forget to scan something at self-checkout, or get distracted trying to manage their kids. These situations don’t necessarily prove criminal intent.
Proving intent is one of the most important aspects of a shoplifting case, and it’s why you need a skilled attorney to fight your case.
4. Shoplifting evidence isn’t always reliable
Despite current technology, surveillance video footage can be grainy and void of critical moments. There’s a difference between footage showing someone looking around before stuffing a watch into their pants pocket and someone putting an item into a bag at self-checkout without scanning it first. There are more potential explanations for the second scenario than the first.
Another problem with evidence is when store incident reports contain assumptions presented as facts. The case against you may look bad on paper but it won’t stand up to scrutiny. And in some cases, there’s no video footage at all and key witnesses don’t show up to court.
5. First-time offenders usually have options
Many courts recognize that first-time offenders will benefit from intervention and offer ways to avoid harsh punishment. However, that doesn’t mean you should plead guilty without talking to a lawyer first.
Sometimes shoplifting cases are eligible for dismissal after counseling has been completed. It’s worth exploring your options because avoiding a conviction now can help you get your record sealed or expunged later. If dismissal isn’t an option, your lawyer might be able to negotiate a non-theft-related charge that carries less stigma.
6. Civil penalties can follow
Most people don’t realize that retail stores sometimes pursue civil lawsuits against shoplifters, and these lawsuits are separate from criminal charges. For example, you might get a demand letter from the store asking for hundreds of dollars even if they recovered the merchandise. Paying up won’t prevent them from pursuing both civil and criminal charges, and that’s why you need a lawyer.
Don’t plead guilty without talking to a lawyer
Shoplifting charges can create consequences that affect your life for years. For instance, a conviction can impact your ability to secure housing and employment when it shows up on your background check. If you’re facing shoplifting charges, get an attorney right away and fight for the best chance of avoiding harsh penalties.
