Alcohol and Tobacco. Crimes Against Persons. Criminal Law Basics. Family Relationships and the Law. Introduction to a Virginia Courtroom. Introduction to Juvenile Justice in Virginia. Introduction to Laws in Virginia. Introduction to Virginia's Judicial System. Keeping Your Driver's License. Legal Rights of Juveniles. Instead, the prosecutor simply has to prove that you entered the shop with an intent already in place to steal something.
In other words, it is shoplifting if you enter an electronics store with plans to steal a cell phone and are caught in the act. As we mentioned earlier, shoplifting is usually a misdemeanor with possible penalties of:. Shoplifting was enshrined into law as a crime in , when California voters passed Proposition Helfend did an amazing job defending my case, I highly recommend him to anyone in need of a great criminal defense attorney.
Other penalties pursuant to a collateral theory include:. Professional Licenses. Doctors, lawyers, accountants, those licensed to sell securities, insurance and annuities will have to report any conviction of a theft crime.
Some licenses even require that the professional report having been charged with the crime, even if the crime is later dismissed. Because the crime is a CIMT, many professionals are required to report to licensing boards, charges and convictions for crimes that constitute legally immoral behavior. As discussed above, shoplifting carries a CIMT distinction and create problems in immigration. Under 8 U. Employment Background Checks. Security Clearance. Government clearance needed for certain government positions as well as employers that contract work with the state and federal agencies generally require a crime-free background.
A conviction can result in the suspension of your DPS fingerprint card. However, a good cause exception may be available. Housing and Loans. Many lenders are unwilling to lend to those convicted of certain theft crimes. A conviction for felony shoplifting will normally have to be reported on a mortgage application, student loan affidavit and all Small Business Association loans which will normally result in denial of the application for the prescribed period.
Developing a shoplifting defense strategy is paramount to getting your case dismissed or reduced. The defenses that you may want to raise will depend on the specific facts of your case. However, some of the more common defenses include:. Unreliable Investigation and Evidence. Your attorney should consider attacking what evidence was preserved and not preserved, the quality of the witnesses, the witness statements, the valuation of the items or services allegedly stolen, as well as the quality of the police reports and record keeping.
Knowledge and Mental State. Attacking the ability to prove your knowledge, motive and mental state can help to reduce or dismiss charges. Mistaken Identity. Eyewitness testimony has been shown to be one of the most unreliable types of evidence. Other times, suggestive photo lineups and mistaken identification in video leads to wrongful arrests. Mere Presence. If you were simply at a store when a crime was being committed, then you may want to raise a mere presence defense.
If you were merely present at the crime scene, then you did not have any criminal intent and did not take part in the crime. Constitutional Challenges. Your attorney may also raise defenses by way of Constitutional legal challenges including: Miranda Violations, illegal search and seizure violations and right to counsel violations.
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