Pennsylvania Retail Theft Lawyer

You got caught shoplifting from a store.  You are probably worried about what will happen to you in the future because of this.  If a court decides you are guilty, you could have to pay a large fine and court costs.  You could even end up in jail.  Also, this might hurt how people see you and make it hard to get a job.  Did the store falsely accuse you of retail theft?  As an experienced Pennsylvania retail theft lawyer, I can give you the legal help to deal with these charges.

My Experience Helping People Accused of Shoplifting

I have been a criminal defense lawyer on my own since 2007.  In that time, I have handled over 1,500 shoplifting cases, including many involving petty theft.

Many times, I won dismissals in court.  Mostly, I help people find ways to get their charges dismissed.  This often happens when I speak with the prosecutor and get people into first-offender programs.

Also, many judges dismiss the shoplifting charges if someone completes shoplifter counseling or does community service.

Each local court and county prosecutor has ways for people to avoid a record after a shoplifting arrest.  Some programs are official.  Others are not well-known.

Worried a retail theft charge will damage your reputation and job chances?  Call me at (215) 752-5282 for a free discussion of your case.

Understanding Shoplifting Charges in Pennsylvania

What are the Charges for Shoplifting

Assuming that your case does not involve felony organized retail theft, the most common Pennsylvania shoplifting charges may include any of the following crimes:

• Retail Theft (see definition and examples below)
• Receiving Stolen Property (the police claim that you physically possessed stolen merchandise after leaving the store or after passing the store registers, which is a separate offense from retail theft)
• Possession of an Instrument of Crime (you had a special bag (“booster bag”) to get past the store alarm or used a tool to alter or destroy packaging or price tags)
• Simple Assault (the police say you physically attacked a store security employee during the theft)
• Criminal Conspiracy (the police believe you shoplifted with other people)
• Corruption of Minors (you are an adult, and the police believe you committed a retail theft with a minor under the age of 18)

What Are the Most Common Charges for Shoplifting

In nearly all of the shoplifting cases I have worked on, the police file only two charges:

• Retail theft; and
• Receiving stolen property

It helps to know how shoplifting punishments are decided.  In Pennsylvania, most judges impose one sentence for the main charge of retail theft.  Judges rarely impose an additional sentence for the related crime of receiving stolen property.

This will reassure most people who are concerned about a judge giving multiple sentences for the same offense.

Is Shoplifting a Felony?

One of the most common questions clients ask me is: When is shoplifting a felony?  According to Pennsylvania law, shoplifting becomes a felony in these situations:

• The police charge you with shoplifting an item of any value, and you have two prior shoplifting convictions
• The police accuse you of shoplifting merchandise with a value of over $1,000
• The police say you took part in organized retail theft
• The police accuse you of shoplifting a firearm
• The police charge you with stealing a car from a car business

It’s also important to know that a lawyer can often get a felony charge changed to a less serious charge.  Look at the retail theft punishment chart below to see if your case could qualify as felony shoplifting.

What is the Difference Between Shoplifting and Theft?

Shoplifting is a type of theft in Pennsylvania.  Theft that does not happen at a store is not shoplifting.

Another key difference is that shoplifting penalties get worse each time you’re caught after your first conviction.

For example, if you were found guilty of shoplifting twice before, the police will charge you with felony retail theft even if the item that was taken was not worth much.  This shows how serious repeat shoplifting is.

What is Attempted Shoplifting Called

Did the police say you tried to steal from a store?  In Pennsylvania, the police refer to attempted shoplifting as “criminal attempt shoplifting.”

What Does Attempted Shoplifting Mean?

Under Pennsylvania law, a “criminal attempt” has a specific legal meaning.  It means that the police believe you took a step towards committing the crime of shoplifting.

In these cases, the police don’t have proof that you actually shoplifted.  But they do have proof that you did something in the store that almost led to stealing merchandise.

Examples of attempted shoplifting include the following:

• Changing price tags on something in the store
• Removing or destroying a store security device on store merchandise
• Hiding store items in a store changing room
• Hiding things for sale in a shopping cart

Most arrests for stealing from stores are not for attempted shoplifting.

Retail Theft in PA

A lot of my clients ask me: What is retail theft?  As you can see from the above chart, retail theft has a broad definition, covering many situations.

Pennsylvania Counties with the Most Shoplifting Arrests (2019 to 2023)

• Allegheny County 13%
• Montgomery County 9%
• Philadelphia County 6%
• Bucks County 5%
• Delaware County 5%
• Erie County 5%
• Chester County 4%
• Lancaster County 3%
• Dauphin County 3%
• York County 3%

Source: Administrative Office of Pennsylvania Courts.  Police in Montgomery County made 1,466 more retail theft arrests than in 2023.  This shows a big jump.

Also, in Bucks County, the police saw an increase in shoplifting arrests.  They filed 464 more charges in 2023 than in 2019.

To learn more about shoplifting cases in each Pennsylvania County, go to: Retail theft offenses in Pennsylvania increasing after years in decline | News | News & Statistics | Unified Judicial System of Pennsylvania

Bensalem Shoplifting Lawyer

Because my office is in Lower Bucks County, PA, many people call me when the police accuse them of shoplifting from stores in Bensalem Township, PA.

The Bensalem Police Department handles shoplifting cases for all stores in Bensalem, Pennsylvania.  They investigate cases, make arrests, and file charges.

The stores in Bensalem Pennsylvania with the most shoplifting arrests include:

• Target Store at 800 Rockhill Drive, Bensalem, PA 19020
• Home Depot Store at 800 Rockhill Drive, Bensalem, PA 19020
• Giant Supermarket at 2721 Street Road, Bensalem, PA 19020
• Ulta Beauty Store, 800 Rockhill Drive, Bensalem, PA 19020
• Kohl’s Store at 2325 Street Road, Bensalem, PA 19020

I have been hired to defend people in over 500 cases involving shoplifting offenses in Bensalem Township, PA.

While working on these cases, I have talked to or appeared before numerous Bensalem police officers, retail store managers, loss prevention officers, Bensalem court judges, and Bucks County Court of Common Pleas judges.

Bensalem Criminal Defense Lawyer

Looking for a highly-rated shoplifting lawyer for Bensalem, PA?  Call me at (215) 752-5282 to discuss your case at no cost.  I can talk about the potential punishments, ways to fight the charges, and how to keep a retail theft charge off your record.

Shoplifting Arrest, Investigation and Initial Court Appearance

Can You Get Arrested for Shoplifting?

It depends.  What if store security thinks you are trying to steal items worth more than $150 and stops you before you leave the building?  Then, a store employee will call the police.  Next, the police will arrest you for shoplifting.

Suppose you left the store with items worth more than $2,000?  For example, two iPhones.  In this situation, instead of sending you a summons in the mail, the police will file criminal charges and issue a warrant for your arrest.

If this happens, you must turn yourself into the police to be “booked.”  Later, a judge will give you a copy of the charges against you, set bail, and tell you the date and time when your preliminary hearing will be held.

Do you have a warrant for shoplifting?  If so, I can help.

What are my Rights When Accused of Shoplifting?

As a lawyer for shoplifting, I’ve seen that most people don’t know what to expect if they’re caught shoplifting from a store.  So, it’s important to know your rights if someone says you shoplifted.  These rights include:

• You don’t have to talk to store security or give a written statement to any store employees
• You have the right to refuse to talk about the incident.  You can take the Fifth
• You don’t have to sign anything that says you stole from the store
• Store security employees cannot be physically or verbally abusive to you
• You can refuse to sign any legal papers from the store related to financial penalties you owe or no trespass letters

Don’t go back to the store to try to pay for items you supposedly stile.  The prosecutor may use that against you as proof you shoplifted the items.

If this happens to you, remember you can hire a lawyer to defend you.  Do you need a lawyer for stealing?  Call (215) 752-5282 for help and advice right away.

Arrested for Shoplifting?  Get Help Now

Are you looking for a highly-qualified shoplifting attorney near me?  Do you want to talk to a 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.

• Free Review of Your Case
• Simple Pricing: You Know the Full Cost Upfront
• Payment Plans Available
• Available 24/7:  Immediate Access to a Lawyer When You Need It Most
• Success:  I Have a Record of Winning Shoplifting Cases for Over 15 years

Charged with retail theft?  Call me at (215) 752-5282 for a free review of your charges or use the contact form to reach me quickly.  I also meet at night and on weekends.

Can You Get Caught Shoplifting After Leaving Store Days Later?

Yes, the police might charge you with shoplifting even after you leave the store.  Sometimes, the police can quickly find out who you are by watching store surveillance videos of the current theft or videos of a previous incident at the same store.

I have handled cases where a store security person took a picture of a person’s license plate with their cellphone as they left the store parking lot.  Then, the police used the license plate number to identify the person and file criminal charges against them.

Also, some stores now use security systems that can recognize a human face (facial recognition technology).  This technology lets police and store security officers compare a picture of a shopper’s face to a database of known shoplifters.

Were you accused of shoplifting after leaving the store?  Contact me to discuss the best shoplifting legal strategies at (215) 752-5282.

How Long Does a Shoplifting Investigation Take?

How long a shoplifting investigation takes place depends on what happened.  Things move fast if they catch you in or just outside the store.  Store workers will hold you, and the loss prevention people will quickly call the police.

The police will interview all witnesses, gather any surveillance video, and write a police report about the incident.  Before the police get there, store security employees may try to get you to sign a paper saying you admit you stole or agree that you won’t come back to the store (no-trespass letter).

What Happens After the Police Arrive at the Store?

What the police do next depends on how much the stolen items are worth.  They might:

• Arrest you on the spot, book you at the police station, and take you before a judge for arraignment on the charges
• Give you a ticket for shoplifting
• File charges with the local judge who will send you a summons to appear in court
• File the charges with the local judge who will issue a warrant for your arrest

What are the Different Types of Shoplifting Crimes in PA?

If you have not been found guilty of shoplifting before, and the things you took cost less than $150, you will go free.  The police will give you a ticket for petty theft in person or by mail.

If the items stolen from the store cost more than $150 but no more than $1,000, the police would charge you with misdemeanor shoplifting.  Then, the local court would mail you a copy of the charge papers and a court notice for your preliminary hearing.

But, if the things the store says you stole cost over $1,000, or you have been found guilty of shoplifting two times or more, the police will charge you with felony shoplifting.  In that situation, the police may arrest you, take you to the police station, and then to the local court.

What is Course of Conduct Retail Theft in PA?

If a someone steals from the same store, or from different stores that are part of the same company, the police can add up the total value of the stolen items.  This makes the crime more serious.  This is known as “course of conduct” or repeated theft.     

Because of this, a minor shoplifting charge might become a major felony theft charge.

Shoplifting Court Procedure in PA

If the police arrest you at the store, they will take you to the police department for booking and then take you before a judge for your first appearance.  The judge will set bail and provide you with a copy of the criminal charges.

If the person left the store, it may take weeks or months for the store investigators and police to identify them.  In many cases, the police do not charge anyone due to a lack of evidence.

Do you need a lawyer to help with a petty theft case?  Call me at (215) 752-5282 to talk about your case for free and learn what could happen if the police accuse you of shoplifting.

Can the 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, in some cases the police will charge people with shoplifting based on questionable store security surveillance video only.

This means that means you may receive a shoplifting charge months after the alleged incident.  Unfortunately, the store video may be very unreliable.  The quality of the shoplifting video will be different in every case.

Often, the video is blurry or from a bad angle, so it is hard to know who it is.  Sometimes, the video shows it’s clearly not you.

So, if someone says you stole something and they have it on video, it’s important to have a lawyer look at it.  

Facial Recognition and Other Shoplifting Prevention Devices are Often Unreliable

Retail stores hire people to stop theft.  They watch people in person on the store floor who may be stealing merchandise.  They can also use cameras that recognize faces and other anti-theft security tools using artificial intelligence (AI).  Unfortunately, these store employees often don’t have much security training.

Studies also show that face-scanning cameras make mistakes.  A September 19, 2023, article by the Innocence Project cited research that Asian and Black people were much more likely to be misidentified with facial recognition devices than white persons.

The article is: When Artificial Intelligence Gets It Wrong – Innocence Project.

In addition, store security staff are often not trained to identify these errors.  Even so, many stores will still try to prosecute innocent people they think stole something.

Have the police accused you of theft based on facial recognition evidence?  If so, it is important to speak to a shoplifting attorney with an understanding of facial scanning technology.

Is AI Retail Theft Prevention Technology Always Accurate?

No.  The AI software will alert store personnel if a shopper behaves suspiciously based on “cues” it is programmed to look for.  Unfortunately, these AI programs often make mistakes.

Consequently, AI can’t tell if someone made a mistake or has a good reason for acting in a way that looks suspicious.  Because of this, the store may wrongly accuse people of not scanning items, even if they paid.  If this happens, you can easily prove you didn’t shoplift.

What Do I Do if I Have a Shoplifting Warrant?

Often, the police will ask a court to issue an arrest warrant for retail theft for both misdemeanor and felony cases.  This commonly happens when the person who stole the items was not caught at the store at the time of the theft

Usually, you will get a call or letter from the police or county sheriff telling you about the shoplifting charge and the arrest warrant.  To handle this, you must:

• Set up a time to turn yourself in to the local police department or state police barracks
• Go through the fingerprinting and processing
• Go before a judge, who will tell you what you are charged with, your bail amount, and next court date

Did the police request a warrant for your arrest for shoplifting?  It is natural to feel stressed out.  But you don’t have to deal with this by yourself.  I can help you surrender, go to court, and get released on bail.

You are more likely to be released if you have a lawyer.  Call me at (215) 752-5282 to talk about your retail theft warrant for free.

What Happens if You Get Caught Shoplifting at Walmart?

Were you caught shoplifting at Walmart?  Are you wondering if Walmart presses charges and shows up for court?  The answer is yes.  Fortunately, I have worked on over 1,000 Walmart shoplifting cases.

Most of the time, people didn’t scan items at the self-checkout, on purpose or by accident.  Almost always, Walmart workers call the police about the theft right away.

People often ask me if Walmart goes to court if someone steals from their store.  Yes, they do.  Another common question clients ask me is: Does Walmart show up for court for shoplifting?  The answer is yes.  So, it’s important to learn what happens when the police charge you with shoplifting from Walmart.

Falsely accused of stealing at Walmart.  If so, I can fight for you in court.  I also know ways to get the charges dismissed through ARD or other first-time offender programs.

You can also get the case dropped by completing shoplifter counseling or community service.  These actions will help you keep a clean record.

Did the police file charges against you for stealing from Walmart?  You are worried about what will happen next.   Call me at (215) 752-5282 to talk about your charges for free.

Walmart Testing the Use of Employee-Worn Body Cameras

Walmart has begun a pilot program where some store-level employees are equipped with body cameras.  Certain stores utilizing the program will have a sign at the entrance stating “body-worn cameras in use.”

Walmart is testing body cams to enhance worker safety and encourage de-escalation during interactions between employees and customers.  Some body-worn cameras have a reverse view monitor so the person being recorded can view themselves as the encounter occurs.

What does this mean for shoplifting cases at Walmart?  The employee body camera video may prove that your case involved an innocent mistake and not an attempt to shoplift merchandise.

Read more about the Walmart body camera pilot program at: Walmart employees are now wearing body cameras in some stores – NBC Chicago

Defending Against Shoplifting Charges

Falsely Accused of Shoplifting

Are you the victim of a false shoplifting accusation.  As a professional shoplifting attorney, I have handled hundreds of cases involving persons accused of shoplifting at Walmart, Kohl’s, Home Depot, CVS, Wegmans, Giant, Lowe’s, Weis, Ulta, Target, and other retail stores.

Falsely accused of stealing and searching for a shoplifting lawyer near me?  In that case, you should contact me immediately.

A majority of my clients have cases involving accidental shoplifting.  Unfortunately, the police and retail store security do not realize that these individuals accidentally shoplifted due to an honest error until they stop the shopper and call the police.

Surprisingly, many cases involve an honest misunderstanding involving price tags or security tags for retail stores.

Arrested for shoplifting?  We can set up a consultation, review the law for shoplifting, arrange to interview witnesses, and take steps to preserve video evidence helpful to your defense.  I will give you the best advice on what to do if falsely accused of shoplifting.

How to Beat a Shoplifting Charge

 

I also address the most frequently asked questions when the police charge you with retail theft in Bucks County.

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.

How to Beat a Self Checkout 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.  Have the police falsely accused of a skip scan or fake scan.  Contact me to discuss self checkout shoplifting defenses.

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 judge or prosecutor can dismiss a retail theft case, and you can avoid the punishment of shoplifting.

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)

Searching for an attorney for shoplifting charge.  If so, contact me at (215) 752-5282 to talk about how to beat a shoplifting charge.

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 the best shoplifting defense.

Petty Theft Lawyer

What is petty theft?  In Pennsylvania, shoplifting merchandise valued at $149 or less is petty theft, classified as a summary offense.  This means that a seemingly minor act can have serious legal consequences.

Unlike a misdemeanor or felony retail theft charge, a PA retail theft summary offense is issued by the police through a citation similar to a ticket.  In Pennsylvania, the majority of petty theft charges are adjudicated at the local magisterial district court.

The penalties for petty theft include the following:

• Up to 90 days in jail
• Fine between $25 and $300
• Court costs
• Payment of restitution to the retailer if merchandise was removed from the store

Can Petty Theft Charges be Dropped

Yes.  It’s important to remember that many petty theft shoplifting cases can be dismissed through the completion of community service, shoplifter counseling, participation in a community panel, and payment of restitution, if applicable.

Are you searching for a petty theft lawyer near me?  If so, call me at (215) 752-5282 to review your case.

Shoplifting Penalties and Sentencing

Shoplifting Penalty

Many people worry about what will happen if a judge finds them guilty of stealing from a store.  This chart explains the different punishments for retail theft in Pennsylvania.

The chart shows that what happens to you depends on:

• The value of the items you took
• The type of merchandise you stole
• How many prior shoplifting convictions you have

As a consequence, your punishment will depend on the facts of the case.

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, punishment for shoplifting will vary, depending on the facts of the case.

If you are worried about going to jail for shoplifting, call me at (215) 752-5282 to talk about your case for free.

Most of the questions I receive from clients involve shoplifting jail time.  The other most common shoplifting questions include the following:

• What is the penalty for shoplifting
• What is the penalty for shoplifting first offense
• Will I go to jail for first time shoplifting
• Can you go to jail for shoplifting
• How much shoplifting is a felony

Understandably, many people are concerned about the potential consequences if they are punished for shoplifting.  The chart below identifies the different PA shoplifting penalties under the PA crimes code retail theft.

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.

What Does the Judge Question When You Shoplifted

The two main questions that a judge will ask in a retail theft case will be:

• Why did you shoplift
• What steps have you taken to ensure that you will not shoplift again

Most people charged with shoplifting do not commit the offense because they are hardened criminals.  In almost all cases, the crime occurred as a result of a momentary lapse in judgement, a drug or alcohol issue, or a mental health condition (anxiety, depression, or both).

I once represented a client who was charged with shoplifting after having an adverse reaction to medication they were prescribed.  The medication affected the client’s judgement. Fortunately, I got the charges dismissed after providing the district attorney with documentation from the client’s therapist.

I can advise on what actions to take after a retail theft arrest to decrease the chances that a shoplifting incident will occur again.

Steps may include the completion of a shoplifter’s prevention course, a treatment letter from a mental health provider, or proof of a drug and alcohol evaluation and continuing treatment if recommended.

What Happens in Court for First Time Shoplifting

People have many about what happens when you go to court for shoplifting.  In most cases involving first time offender theft charges, the judge will sentence you to probation, usually through a first offender program.

I am familiar with all the diversion programs for shoplifting in Philadelphia, Bucks, Montgomery, Chester, and Delaware Counties.

In addition, I can get many shoplifting cases dismissed at the district court without the district attorney’s involvement due to a lack of evidence or the payment of restitution to the store.

In many situations, the district court judge will dismiss the charges if the accused completes some or all of the following conditions:

• Performing community service
• Participation in a community panel
• Completion of a court ordered shoplifting classes
• Payment of court costs, fines, and restitution

Searching for a lawyer for shoplifting near me?  Call me at (215) 752-5282 to review your case.

Shoplifting Class

In many shoplifting cases, the completion of court ordered shoplifting classes or a shoplifting prevention class greatly increases your chances of getting the police or prosecutor to dismiss or reduce your charges of shoplifting.

Contact me to discuss whether your case may be resolved through a shoplifting prevention course.  I can also provide you with the instructions for completing an online shoplifting class.

Pre-Trial Shoplifting Programs and Diversion Options

Consider Shoplifting Diversion Programs if Eligible

First-time Offender Retail Theft

Accused of 1st offence shoplifting.  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 for first time offense shoplifting.  Many shoplifting cases can be dismissed and expunged through participation in a retail theft diversion program.  Examples include the following:

• Accelerated Rehabilitative Disposition Program (all Pennsylvania Counties)
• Community Accountability Program (Bucks County)
• Misdemeanor Diversion Program (Delaware County, Chester County)
• Dismissal through a 586 Agreement (Northampton County)
• Summary Retail Theft Diversion Program (Bucks, Montgomery, Delaware, and Chester County)

Read below for each program’s application and eligibility requirements.

Bucks County Diversion Program for Retail Theft 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.

Northampton County Shoplifting Diversion Program Through 586 Agreement

Many shoplifting cases can be dismissed through an agreement under the Pennsylvania Rules of Criminal Procedure 586.  A 586 agreement can only occur if the case has reached the county court of common pleas.

A 586-dismissal agreement for a retail theft case typically requires the Defendant to pay the restitution amount in full on the day of the court hearing (usually with a certified bank check or a money order).

The restitution amount is the value of any merchandise the Defendant left the store with and was not recovered.

The requirements for a dismissal under Rule 586 include the following:

• The case cannot involve the use of force or violence
• The public interest will not be negatively affected
• The district attorney’s office agrees to the dismissal of the charges
• Satisfaction (typically restitution) has or will be made to the retail store
• There is an agreement between the prosecutor and the Defendant as to who will pay any costs

I recently got a misdemeanor shoplifting case dismissed through a 586 agreement in the Northampton County Criminal Court in Easton, PA.

Have the police charged you with shoplifting in Northampton County?  If so, contact me at (215) 752-5282 for a free evaluation of your case.

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.

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. Also, 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.

To achieve the best result, 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.

Shoplifting Defense and Legal Help

Do I Need a Lawyer for Shoplifting

Yes.  A lawyer for shoplifting can explain the best defense against shoplifting, conduct an investigation of the incident, and discuss the laws on shoplifting.  Also, a shoplifting criminal defense lawyer will be familiar with the shoplifting laws and how to defend a shoplifting charge.

Looking for a retail theft lawyer near me.  In most cases, I can help you get the charges dismissed and escape a criminal record.

Shoplifting Defense Attorney Cost

Retail theft lawyers can charge a fortune.  I offer a reasonably priced legal defense for people charged with criminal shoplifting.  The shoplifting lawyer cost will vary depending on the number and severity of your charges.  Most clients find my shoplifting attorney fees to be within their budget.

Have you the police accused you of theft by shoplifting.  Are you concerned about the penalty of shoplifting.  If so, contact me by phone at (215) 752-5282 for a free consultation to discuss how to beat a shoplifting case.

Special Considerations for Shoplifting Charges Involving Minors

What Happens if You Get Caught Shoplifting Under 18

It depends on the severity (summary, misdemeanor, or felony) of the offense and whether you have a shoplifting defense.  The most common outcomes for teenage shoplifters include the following:

• You beat the case in juvenile court
• The court dismisses the charge after you successfully complete a community youth aid panel
• The juvenile probation department dismisses and erases your charges after you complete community service
• The juvenile court dismisses and expunges your charges after you complete an informal adjustment through the juvenile probation office
• The juvenile court dismisses and expunges your case after you complete the conditions of a consent decree through the juvenile probation department

For more information on how I can defend your child against shoplifting charges, read the PA Juvenile Defense Lawyer page on my website.  Call me at (215) 752-5282 if the police charge your child with teenage shoplifting.

Does Shoplifting as a Minor Stay on Your Record

No.  In many situations involving juvenile shoplifting, no record is created because the police never file the charges with the police.  An example would be juvenile shoplifting charges resolved through a community youth aid panel.

In cases where the police file juvenile theft charges with the court, the records can usually be expunged within 6 months after an informal adjustment or juvenile consent decree is completed.

The district attorney typically agrees to an expedited expungement if the case does not qualify for a community service diversion, youth aid panel, informal adjustment, or consent decree.

Under an expedited expungement, the juvenile probation department or juvenile clerk of courts will expunge the records at 6 months, 1 year, or 2 years after the juvenile case has closed.

For more information on juvenile record expungement, visit the PA Juvenile Record Expungement Lawyer page.

Shoplifting and Criminal Records

A Shoplifting Record May Prevent You from Being Hired for Many Jobs

An arrest or conviction for retail theft or shoplifting has severe implications for someone currently employed or looking for a job.  Most employers regularly run comprehensive background checks on current and potential employees.

Suppose your employer discovers you have been arrested or convicted of a theft crime.  In that case, they may fire you on the spot out of fear that you will commit theft at your place of employment.

Imagine you apply for a job with a shoplifting arrest or conviction.  In that situation, the employer will most likely refuse to make you a job offer out of fear that you may repeat the behavior during your employment.

If you are facing an arrest for shoplifting, don’t panic.  I can help.  I am one of the most experienced shoplifting lawyers in the suburban Philadelphia area, with a proven track record of successfully handling over 800 retail theft cases as a shoplifting attorney.

Reach out to me at (215) 752-5282 to discuss the most effective shoplifting defense strategy.

A Shoplifting Arrest Will Make It Difficult to Get a Professional License or Certification

Many professions require a professional license or certificate to qualify for employment in their industry.  For instance, jobs requiring a professional license include the following:

• Doctors
• Lawyers
• Psychologists
• Teachers
• Engineers
• Social Workers
• Occupational therapists
• Certified Nursing Assistants (CNA)
• Real Estate Agent

To obtain a professional license in these fields, the applicant must demonstrate “good character.”  In some cases, a shoplifting arrest or conviction can prevent an applicant for a professional license from satisfying the good character requirement to be granted a license.

Will Shoplifting Affect My Immigration Status

It depends.  A common question I receive from my clients is: Can you get deported for shoplifting.  In some instances, crimes of moral turpitude including retail theft and shoplifting, can have devastating consequences.

The Immigration and Naturalization Service can deny citizenship or take steps to deport a non-citizen convicted of shoplifting or retail theft offenses.  In certain cases, these harsh consequences can be avoided by reducing the charges or if the accused enters into a first-time offender diversion program.

How Long Does a Shoplifting Charge Stay on Your Record?

I receive many calls from individuals asking: Does shoplifting go on your record.  The answer is:  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 immediately petition the court for shoplifting expungement. to remove the arrest from your record.

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 that the court expunge your criminal history if you completed a first-offender diversion program.  Are you embarrassed by a retail theft arrest?  Contact me to discuss at (215) 752-5282 to discuss how to get a shoplifting charge expunged.

Can Shoplifting be Expunged?

People often ask me if a shoplifting charge can be removed from their record.  Often, this is possible, and they are relieved.

I can explain how to erase a shoplifting charge in Pennsylvania.  Do you want more information on clearing your shoplifting record?  If so, see the PA Criminal Record Expungement Lawyer page.

Are you trying to get information on how to expunge a petty theft charge?  For more complete details on how to clear a petty shoplifting record, check out the PA Summary Offense Expungement Lawyer page.

New PA Expedited Pardon Law for Misdemeanor Retail Theft Conviction

Pennsylvania Governor Shapiro recently signed a law making getting a Governor’s Pardon for misdemeanor retail theft offenses much easier.  If the Governor approves the expedited pardon, you can petition the court to have your misdemeanor retail theft conviction expunged.

Also, 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

Under the pardon statute, 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.

Other Consequences of Shoplifting

I get many calls from people who ask: Will my shoplifting record show up on a background check?  Unfortunately, it will, if you have not had the case expunged.

Many people are unaware of the damaging effects of a retail theft record until they apply for a job.  Regrettably, most government agencies and private employers feel that a retail theft record means that you are not a good person.

As a result, potential employers and others will believe that a person with a shoplifting arrest record is dishonest and has low morals.  Because of this, it is vital to try to clear your retail theft record.

Shoplifting Laws and New Developments

New Shoplifting Laws

On December 23, 2023, Pennsylvania Governor Josh Shapiro signed Senate Bill 596 into law.  The legislation makes significant changes to the retail theft PA crimes code.

The new law on shoplifting lowers the monetary minimums required for the police to charge a person with 2nd and 3rd-degree felonies for organized retail theft.  Consequently, 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.

 

Can a Shoplifting Charge be Expunged?

Retail Theft Attorney

Did the police accuse you of shoplifting?  You will likely look for lawyers who handle shoplifting cases near you.  I help people who are charged with shoplifting from stores in all of the counties around Philadelphia.

It is very important to get a lawyer fast.  An attorney will safeguard your rights, look at all possible defenses, and see if the case can be dropped.

Call me at (215) 752-5282 at any time or use the contact form for a quick call back.