Caught shoplifting. You are understandably concerned about the consequences of a retail theft conviction on your future. Suppose a judge or jury finds you guilty of this offense. You may face fines, hefty court costs, possible jail time, and immense damage to your personal and professional reputation. As an experienced Pennsylvania retail theft lawyer, I can help you avoid these disastrous consequences.
Can You Get Arrested for Shoplifting
It depends on the circumstances. What if the store security suspects you are stealing more than $150 worth of merchandise and detains you before leaving the building? In that case, the police will be called, and you will be arrested.
Assume you exited the store, and the retailer believes you stole over $2,000 of merchandise. In that situation, the police will file criminal charges and issue a warrant for your arrest.
You must turn yourself into the police to be fingerprinted. After processing, a judge will provide you with a copy of the charges, set bail, and schedule the preliminary hearing date. Did the police charge you with shoplifting at Target? If so, I can help.
Falsely Accused of Shoplifting
As a professional shoplifting attorney, I have handled over a thousand cases involving persons falsely accused of shoplifting at Walmart, Kohl’s, Home Depot, CVS, Wegmans, Giant, Lowe’s, Weis, Ulta, Target, and other retail stores. Are you searching for a shoplifting lawyer near me? In that case, you should contact me immediately.
We can set up a consultation, arrange to interview witnesses, and take steps to preserve video evidence helpful to your defense.
Your Rights if Accused of Shoplifting
It is critical to understand your rights if you are wrongly accused of shoplifting. They include the following:
- You do not need to give a statement to the store security employees
- You have no obligation to speak to the police about the alleged incident: taking the fifth
- You are not required to sign any documents admitting that you shoplifted from the store
- The loss prevention employees do not have the right to be physically or verbally abusive to you
- You can refuse to sign any legal documents from the store related to criminal or civil trespass
Do I Need a Lawyer for Shoplifting
Yes. A lawyer for shoplifting can explain the best defense against shoplifting, arrange for an investigation of the incident, and prevent you from going to jail. Also, in most cases, I can help you get the charges dismissed and escape a criminal record.
Can Police Track You Down by Camera for Shoplifting?
Yes. I receive many calls from clients who ask: What happens if you get caught on camera shoplifting? Regrettably, it is common for the police to charge a person with shoplifting based only on video surveillance recordings.
Unfortunately, that means you may receive a court summons for a retail theft case months after the alleged incident. The quality and strength of the shoplifting video evidence will vary in each case.
In many cases, the video evidence is too grainy or taken at an angle that makes it difficult to positively identify a suspect. Sometimes, it is clear from the video surveillance that you are not the person in the video.
Therefore, it is vital to have an experienced shoplifting defense attorney review any video recording evidence if you are wrongly accused of stealing.
Contact a Shoplifting Attorney
Are you trying to locate a qualified and highly-rated shoplifting attorney near me? Do you want to consult with a shoplifting defense lawyer who knows how to get shoplifting charges dropped?
If so, I can explain the charges against you, investigate your case, discuss your legal options, and prepare you for your upcoming court appearances.
I have over a decade of experience fighting for people facing retail theft charges in Bucks County, Montgomery County, Delaware County, Philadelphia County, Chester County, and surrounding Pennsylvania Counties.
Call me at (215) 752-5282 for a free initial consultation, or fill out the confidential contact form for an immediate response. Also, I offer appointments after business hours and on weekends.
Does Walmart Press Charges for Shoplifting
Yes. I have handled over 1,500 Walmart shoplifting cases. The majority of the cases involve skip scanning at Walmart. In almost every case, the employees will contact the police when a retail theft occurs at their store to report the crime. Another common question clients ask me is: Does Walmart show up for court for shoplifting? The answer is yes.
Therefore, it is critical to know what happens if you get caught shoplifting at Walmart.
Falsely accused of stealing at Walmart. If so, I specialize in defending Walmart shoplifting cases. I understand how to get Walmart to drop shoplifting charges through various first-time offender diversion programs, shoplifter counseling, and community service. Fortunately, these programs will enable you to avoid a criminal record.
I can help you even if you were caught stealing at Walmart. Finally, I know how to beat a shoplifting charge from Walmart in court.
Retail Theft in PA
How to Get Shoplifting Charge Dismissed
Most clients want to know how to beat a retail theft case in PA. The first step is to get your side of the incident, thoroughly analyze the police department’s evidence or lack of evidence, and prepare for court.
Further, I will thoroughly examine and investigate the facts of your case to identify any available defenses to contest the charges. In addition, I will use any of the following legal arguments as a shoplifting defense:
I also address the most frequently asked questions when the police charge you with retail theft in Bucks County.
Facial Recognition and Other Shoplifting Prevention Devices are Often Unreliable
Retail stores often employ loss prevention specialists who monitor shoplifting crimes using facial recognition security cameras and other security methods. However, in many cases, the loss prevention employees have minimal security experience.
In addition, scientific studies have demonstrated that facial recognition security cameras are inaccurate, unreliable, and often misidentify a person due to their racial profile. As a result, store security employees are not trained to accurately detect and document retail theft crimes.
Furthermore, store loss prevention employees are not trained to accurately identify persons committing shoplifting crimes. Despite this, many retail store chains will actively pursue criminal prosecutions against innocent individuals suspected of shoplifting store merchandise.
Finally, it is crucial to speak to a shoplifting defense lawyer if you are falsely accused of theft.
How to Beat a Self Checkout Theft Charge
A growing trend in retail theft prevention is using artificial intelligence (AI), often called machine intelligence to target self scan theft or self checkout shoplifting Furthermore, most retail stores have AI programs added to store security cameras, traditional store registers, and self-checkout machines.
In theory, the AI software is programmed to analyze suspicious activity by a shopper based on different human behavioral cues. Unfortunately, the computer software used in these devices is prone to routine errors and malfunctions.
I speak to people who are falsely accused of shoplifting at Target self-checkout every day. Falsely accused of a skip scan? Contact me to discuss self checkout shoplifting defenses.
Is AI Retail Theft Technology Always Accurate?
No. The AI software will often alert store personnel through an app if a shopper demonstrates suspicious activity based on the program’s pre-set algorithm. Unfortunately, artificial intelligence software is not 100% accurate.
Consequently, artificial intelligence software does not detect human error or other lawful, innocent explanations for suspicious behavior cues. As a result, many people are accused of skip scanning but actually paid for their items.
What is a False Positive Defense to Retail Theft?
A false positive occurs when the self-checkout security system misinterprets innocent customer behavior as possible retail theft. Examples include situations where the customer has, in fact, scanned and paid for all their items or mistakenly thought the scanning device rang up a product.
Also, other false positives can occur when a customer fails to scan merchandise due to a mistake, distraction, or confusion. Have you been falsely accused of stealing from a store? If so, I know how to fight a shoplifting charge.
Contact me at (215) 752-5282 if your retail theft case is due to human error or an innocent mistake.
Can Shoplifting Charges be Dropped?
Yes. Unfortunately, many people do not understand how to get out of a shoplifting charge. Fortunately, there are many scenarios under which a retail theft case can be dismissed.
A retail theft case can be discharged in any of the following circumstances:
- The prosecutor has insufficient evidence to convict you and drops the case (nolle pros)
- You meet the requirements of a district court first-offender program (summary offense-adult, Summary Agreement-Chester County)
- The district court judge dismisses your case after you finish community service (summary or misdemeanor retail theft)
- You complete a Pennsylvania District Attorney County diversion program (ARD or misdemeanor diversion program-Delaware County)
- You fulfill the conditions for an informal adjustment or consent decree first-time offender program (juvenile court)
- You satisfy the terms of a Community Youth Aid Panel (district-court-summary offense-juvenile)
Contact me at (215) 752-5282 to talk about how to beat a shoplifting charge.
Shoplifting Penalty
As the display on the chart indicates, PA retail theft sentencing guidelines will vary depending on the value of the merchandise taken, the type of item involved, and the number of prior shoplifting convictions you have. Therefore, a shoplifter’s punishment will vary, depending on the facts of the case.
Will I Go to Jail for Shoplifting First Offense
No. Unless your case involves an organized retail theft crime, multiple retail thefts (3 or more), or if the value of the merchandise taken exceeds $5,000. In most cases involving 1st offense shoplifting, the prosecutor will offer the accused a shoplifting first offense diversion program.
If you do not qualify for pre prosecution diversion, the court will order a probation sentence.
New Shoplifting Law
On December 23, 2023, Pennsylvania Governor Josh Shapiro signed Senate Bill 596 into law. The legislation makes significant changes to the PA organized retail theft statute.
The new law lowers the monetary minimums required for the police to charge a person with 2nd and 3rd-degree felonies for organized retail theft. As a result, persons convicted of organized theft will face a much more severe organized retail theft sentence.
The changes to the organized shoplifting law include the following:
- Organized retail theft of merchandise with a retail value of at least $2,500 but not more than $9,999 is graded as a felony of the 3rd-degree
- Organized retail theft of merchandise with a retail amount of at least $10,000 but not more than $49,000 becomes a felony of the 2nd-degree
- Organized retail theft of products with a retail value of at least $50,000 becomes a felony of the 1st-degree
The new organized retail crime law goes into effect on July 1, 2024.
First-time Offender Retail Theft
Fortunately, most people charged by the police with a first time shoplifting offense can avoid a conviction and permanent criminal record. Also, each Pennsylvania county district attorney offers a shoplifting diversion program.
In addition, I can get many shoplifting cases dismissed at the district court without the district attorney’s involvement.
In many situations, the district court judge will dismiss the charges after the person participates in a community panel, completes community service, and pays court costs and any restitution. Searching for a lawyer for shoplifting near me? Call me at (215) 752-5282 to review your case.
Bucks County Diversion Program for Shoplifting Charges First Offense
The police charge you with summary retail theft in Bucks County, Pennsylvania. You want to know: Can petty theft charges be dropped?
The Community Accountability Program (CAP) is a pre-trial diversion program available to many first-time offenders charged with summary retail theft in Bucks County, PA. The district attorney implemented the CAP program for low-level drug possession offenses but expanded it to include charges for shoplifting.
However, persons charged with summary retail theft are also eligible for admission into CAP. The Bucks County Magisterial District Courts administer the program. Also, the majority of the police departments in Bucks County participate in CAP.
How Does CAP Work?
The police department and district attorney must approve participation in CAP. The police officer who filed the charges must submit a CAP application to the Bucks County District Attorney for consideration. Finally, the district court will notify you if you are admitted into CAP.
Avoid a Criminal Record through CAP
Individuals who successfully complete the CAP requirements will have their shoplifting charges dismissed at the district court level. Therefore, successfully completing the CAP requirements will result in the expungement of the retail theft charge.
In addition, the court costs for the CAP program are much lower than those imposed on a case resolved in the court of common pleas.
What are the Conditions of Bucks County CAP?
- You are required to appear before a community panel
- You must complete all of the panel’s recommendations
- You must waive your right to a speedy trial
- The court will reschedule your case for a preliminary hearing if you violate the program conditions
- You are eligible for ARD for a subsequent case if CAP is for a summary offense
I am highly experienced in the CAP application and admissions requirements for retail theft cases. Furthermore, I can determine if your case qualifies for the Bucks County Community Accountability Program.
Read more about the CAP program on the Bucks County Drug Possession Diversion Programs Page.
Delaware County PA Misdemeanor Retail Theft Diversion Program
Did the police file a case for misdemeanor shoplifting first offense against you in Delaware County, Pennsylvania? Are you looking for a way to get the case dismissed and your record expunged?
Fortunately, the Delaware County District Attorney offers a diversion program for first and second offenders facing misdemeanor shoplifting charges.
If you complete the requirements, the prosecutor will dismiss the charges, and you will be able to get the shoplifting charges expunged from your record. To qualify for the program, the district attorney must pre-qualify you for admission. Also, there is no application process.
The requirements of misdemeanor retail theft diversion include the following:
- The district attorney must pre-qualify you for admission to qualify for the program
- You must get fingerprinted at the police department before the preliminary hearing
- You are required to waive your preliminary hearing in person at the district court
- You will be required to complete the online “Shoplifters Alternative Course” prior to the formal arraignment court date
- You must pay approximately $300 in court costs at the Delaware County Court Financial Services Office
- The district attorney will dismiss the charges once they receive confirmation of course completion and payment of court costs
- You are eligible to file for criminal record expungement once the prosecutor dismisses the case
ARD for Retail Theft in PA
Even if the evidence against you is strong, there are often ways I can prevent the shoplifting charges from resulting in a criminal conviction. For example, Accelerated Rehabilitative Disposition (ARD) is a program for 1st-time, non-violent offenders.
The ARD program is available to most individuals facing retail theft charges as a 1st offense. Individuals who complete the ARD program are eligible to have their charges dismissed and their records expunged.
Unlike district court diversion programs, placement on ARD takes place in the court of common pleas of the county where the offense occurred.
How Does the ARD Application Process Work?
Each district attorney’s office grants admission into the ARD Program at its discretion. Individuals interested in the ARD Program must submit a written application to the county prosecutor’s office.
Each Pennsylvania county has different ARD application deadlines and pre-admission requirements. Unfortunately, most Pennsylvania prosecutors will not offer ARD in cases where the police charge you with a felony retail theft. I answer common questions in the Pennsylvania ARD Program Questions page.
I am highly knowledgeable in the requirements for ARD admission in Bucks County, Montgomery County, and the surrounding Pennsylvania Counties.
Therefore, I can assist you with the application process and ensure that the district attorney receives the appropriate information about your background and character for the ARD review process.
Above all, I am one of Pennsylvania’s most experienced shoplifting lawyers. Therefore, I can give you the best chance of being approved for the program. Read more about ARD on the Pennsylvania ARD Lawyer page.
How Long Does a Shoplifting Charge Stay on Your Record?
It depends. Suppose the judge withdrew, dismissed, or acquitted you of the retail theft, regardless of the grading of the offense. In that case, you can petition the court to get your record immediately expunged. However, if a judge convicted you of summary retail theft, you must wait 5 years to be eligible to expunge your shoplifting arrest records.
Did a judge or jury convict you of a misdemeanor of felony retail theft? In that scenario, you must receive a governor’s pardon before you can get your record expunged.
Finally, you can request expungement of your criminal history if you successfully completed a first-offender diversion program.
Can Shoplifting be Expunged?
Clients frequently ask me: Can a shoplifting charge be expunged? Individuals who fall into the above categories are eligible for Pennsylvania criminal record expungement.
New PA Expedited Pardon Law for Misdemeanor Retail Theft Conviction
Pennsylvania Governor Shapiro recently signed a law making getting a pardon for misdemeanor retail theft offenses easier. Under the new law, a misdemeanor retail theft conviction can be expunged if you are granted a pardon through the expedited review program.
The expedited pardon review program takes about half the time of the traditional pardon application process.
To qualify for an expedited pardon of your misdemeanor shoplifting conviction, you must meet the following conditions:
Your last contact with the criminal justice system was 5 years ago or longer
Your last contact with the criminal justice system can be any of the following:
- A non-traffic summary offense that was disposed of at the district court
- The expiration of the maximum sentence for the retail theft conviction
- Any arrest resulting in pending charges
- The expiration of a final (permanent) Protection from Abuse (PFA) Order
- The resolution of or expiration of any sentence for PFA Contempt (indirect criminal contempt)
As a Pennsylvania Criminal Record Expungement Lawyer, I can assist you with the expungement application process.
What if I do not Qualify for ARD?
Suppose the district attorney denies your ARD application. In that case, a plea bargain to reduced charges is usually the next best option to resolve your shoplifting case, especially if the prosecutor’s evidence is strong.
Frequently, I negotiate with the police and district attorney to reduce the retail theft charges to less serious offenses. In addition, a person who accepts a plea bargain for lesser crimes can petition the court to remove their retail theft case from their record through expungement.
In some cases, I will structure the negotiated plea agreement so that you can avoid going to jail. In addition, I can review the circumstances and evidence in your case to determine if a plea agreement can be negotiated to resolve your charges successfully.
Many attorneys claim to be the best lawyer for shoplifting. What sets me apart from them is that I have the experience and proven success defending retail theft charges.
Retail Theft Attorney
Have you been falsely accused of retail theft? You immediately begin searching for retail theft lawyers near me. Fortunately, my aggressive retail theft defense practice covers Montgomery County, Bucks County, Philadelphia County, Delaware County, Chester County, and other suburban counties.
Acting quickly to hire a lawyer to protect your rights and build the most vigorous possible retail theft defense is critical. Phone lines are open 24 daily at (215) 752-5282. Call today for a free initial consultation, or fill out the confidential contact form for an immediate callback.