Los angeles Shoplifting lawyers

Posted By max soni, Uncategorized On March 24, 2018

Just because a store employee or management is pointing the finger at you for shoplifting, doesn’t mean you were guilty of committing any crime. Shoplifting is a misdemeanor, and can still carry up to six months in jail if arrested for the offense.

Don’t assume you have no recourse when it is you against store employees, here is how Los Angeles shoplifting lawyers could help successfully defend your case;

Lacking the Intent to Steal
One of the ways the prosecution can get the charges of shoplifting to stick in your case is by proving there was intent. For example, if there is evidence of the theft being planned out before entering the location, then following through on those plans, it can be challenging to defend. If your Los Angeles shoplifting lawyer can show that you didn’t have intent to steal anything, then you can not be convicted for shoplifting. If there was no intent to steal, then the case can not be prosecuted in accordance with the penal code for shoplifting.

The Los Angeles shoplifting lawyers are skilled at being able to show that no intent was evident in the case, that the suspect may have accidentally put something in their bag or did so with the intention to pay at the register and simply forgot. This is a fine line to walk on your own, left to an expert attorney who can formulate the scenario so it looks possible that what you are stating actually happened that day in the store.

The Factual Innocence Defense
One of the more successful defenses that your Los Angeles shoplifting lawyer will use to show you are innocent of the charges is the factual innocence defense. By showing the court you actually didn’t steal anything, is perhaps the easiest way to get the case dismissed. There are innocent people every day being accused of shoplifting who never took anything in their lives. Perhaps the store employ mistook you for another shopper and it was solely based on your appearance. Maybe an anonymous report was filed and you share the same last name as the person suspected.

Your Los Angeles shoplifting lawyer may be able to prove that there was a vindictive employee or manager at the shop who simply wanted to make things difficult for you. Even when the evidence appears especially damaging, your attorney will quickly exploit weaknesses in the prosecution case to help fight the charges of shoplifting.

Uncovering Police Misconduct
There are incidents where the police made a rush to judgement in a shoplifting case based on age or race. When a police officer responds to the call of a shoplifting case and you happen to match the description of the person in question, you could be falsely arrested and booked before being able to show your innocence. Then you have cases where the officers who are assigned to shoplifting cases are overworked and inexperienced, so mistakes are bound to be made along the way. If the officer has a racial bias towards one group, they may fabricate evidence to solidify the case.

Your Los Angeles shoplifting lawyer can also show the court that your Fourth Amendment Rights were violated when the officer conducted and illegal search of your person. There are even cases where a suspect was so afraid of the officer they were easily coerced into making a confession to something they did not have a part in.

The Planting of Evidence
On the extreme end, your Los Angeles shoplifting lawyer might be able to show the court that the items that were thought stolen were actually planted on the suspect. It could be a case of a store employee or manager not wanting this person in the store any longer, or that the officer was eager to make the arrest and simply planted items on the person to be able to go ahead with the arrest. If your attorney does suspect that this is a case of officer misconduct, they can file a Pitchess motion with the court.

If the court approves the motion, then your attorney has the opportunity to see if this officer has had others make similar claims against him.

If you have been arrested for suspicion of shoplifting, the first thing you need to do call the Los Angeles shoplifting lawyers to help.

Shoplifting in LA is a crime that can result in some very serious penalties. Fines and time spent in jail are both common punishments for shoplifters. In addition to these two, a shoplifter can also be sued by the merchant in a civil court to recover damages from any merchandise or money that was taken. Shoplifting is generally defined as “theft of goods”. This occurs when someone takes something from a merchant by fraud or without consent. Intent to deprive a merchant occurs when the person conceals items on their person in the store, alters or switches price tags, damages an item so that they receive a discount, or alter the cash register in order to cause an item to ring up cheaper than it should. Shoplifters who are caught in LA can be subject to both civil and criminal penalties under California law. There are typically three types of theft cases, which are petty theft, grand theft, and burglary.

Petty theft is the stealing of any goods valued at $400.00 or less and is classified as a misdemeanor under Penal Code Section 488. Any item valued at $50.00 or less stolen is generally reduced to an infraction. Grand theft is the stealing of any goods over $400.00 and is charged as a felony under Penal Code Section 487. Burglary is the act of entering or breaking into a home, building, vessel, or business with the intent to commit a theft. Under Penal Code Section 459, burglary is always considered a felony.

We are an experienced law firm who will handle your shoplifting case in Los Angeles with the utmost care and concern. We will do everything we can to ensure you get the legal representation for your specific case. It is important to remember to never speak to the police without your lawyer present. Remember that everything you say can and will be used against you in a court of law! We are on your side to help you get the results possible for your case. Luckily, there are a lot of different defenses that can be used in shoplifting cases. For example, to be charged with shoplifting, you must have taken the property without intending to pay for it. If we can prove you were forgetful at the time or took the item by mistake, you may have the charges dropped or reduced. If you intentionally committed the crime of shoplifting, we will help you avoid a criminal conviction.

Many prosecutors and judges in Los Angeles courts may be willing to offer a plea bargain that allows the defendant to avoid having a criminal conviction on their record. If you are a first-time offender with no prior convictions, this can greatly help your case. While prosecutors are usually unlikely to offer a plea bargain if the amount of the stolen items is over $150, there are always ways our experienced lawyers can negotiate a lesser charge for your offense. We will do everything possible to make sure you get a fair trial. Contact us today to discuss your shoplifting case in Los Angeles.

Just because a store employee or management is pointing the finger at you for shoplifting, doesn’t mean you were guilty of committing any crime. Shoplifting is a misdemeanor, and can still carry up to six months in jail if arrested for the offense.

Don’t assume you have no recourse when it is you against store employees, here is how Los Angeles shoplifting lawyers could help successfully defend your case;

Lacking the Intent to Steal
One of the ways the prosecution can get the charges of shoplifting to stick in your case is by proving there was intent. For example, if there is evidence of the theft being planned out before entering the location, then following through on those plans, it can be challenging to defend. If your Los Angeles shoplifting lawyer can show that you didn’t have intent to steal anything, then you can not be convicted for shoplifting. If there was no intent to steal, then the case can not be prosecuted in accordance with the penal code for shoplifting.

The Los Angeles shoplifting lawyers are skilled at being able to show that no intent was evident in the case, that the suspect may have accidentally put something in their bag or did so with the intention to pay at the register and simply forgot. This is a fine line to walk on your own, left to an expert attorney who can formulate the scenario so it looks possible that what you are stating actually happened that day in the store.

The Factual Innocence Defense
One of the more successful defenses that your Los Angeles shoplifting lawyer will use to show you are innocent of the charges is the factual innocence defense. By showing the court you actually didn’t steal anything, is perhaps the easiest way to get the case dismissed. There are innocent people every day being accused of shoplifting who never took anything in their lives. Perhaps the store employ mistook you for another shopper and it was solely based on your appearance. Maybe an anonymous report was filed and you share the same last name as the person suspected.

Your Los Angeles shoplifting lawyer may be able to prove that there was a vindictive employee or manager at the shop who simply wanted to make things difficult for you. Even when the evidence appears especially damaging, your attorney will quickly exploit weaknesses in the prosecution case to help fight the charges of shoplifting.

Uncovering Police Misconduct
There are incidents where the police made a rush to judgement in a shoplifting case based on age or race. When a police officer responds to the call of a shoplifting case and you happen to match the description of the person in question, you could be falsely arrested and booked before being able to show your innocence. Then you have cases where the officers who are assigned to shoplifting cases are overworked and inexperienced, so mistakes are bound to be made along the way. If the officer has a racial bias towards one group, they may fabricate evidence to solidify the case.

Your Los Angeles shoplifting lawyer can also show the court that your Fourth Amendment Rights were violated when the officer conducted and illegal search of your person. There are even cases where a suspect was so afraid of the officer they were easily coerced into making a confession to something they did not have a part in.

The Planting of Evidence
On the extreme end, your Los Angeles shoplifting lawyer might be able to show the court that the items that were thought stolen were actually planted on the suspect. It could be a case of a store employee or manager not wanting this person in the store any longer, or that the officer was eager to make the arrest and simply planted items on the person to be able to go ahead with the arrest. If your attorney does suspect that this is a case of officer misconduct, they can file a Pitchess motion with the court.

If the court approves the motion, then your attorney has the opportunity to see if this officer has had others make similar claims against him.

If you have been arrested for suspicion of shoplifting, the first thing you need to do call the Los Angeles shoplifting lawyers to help.

Most shoplifting charges are considered petty theft in California. Even though these crimes are typically charged at the misdemeanor level, they should still be taken seriously. Many employers will pass over an applicant who has a criminal record, and there’s no telling all of the other ways that having a conviction on your record might affect your life. Fortunately, a capable Los Angeles shoplifting attorney can help you deal with these charges. With the right approach, it may be possible to get the charges against you reduced or dropped. Why take chances when your future is on the line? Hire an experienced criminal defense attorney to represent you in court on shoplifting charges in California.

Shoplifting and Petty Theft in California

Petty theft and shoplifting are among the most frequently charged property crimes in the state. Whenever a suspect is accused of stealing items with a value of $950 or less, they may be charged with shoplifting or petty theft. Stealing items worth more than $950 is generally categorized as grand theft. These charges usually come at the felony level, which can be quite serious for the defendant. However, even though shoplifting is almost always charged as a misdemeanor, it should be treated just as seriously. If you are convicted of a shoplifting misdemeanor in California once and are caught and charged with the same crime once or twice more, then you may be looking at a felony conviction. It is far better to avoid these circumstances if possible. Working with a seasoned California petty theft defense attorney is your option.

Los Angeles Diversion Program

If you have been arrested for shoplifting in Los Angeles, then you need to act quickly to preserve your rights. When a defense attorney gets involved at the initial stages of the case, you stand a much better chance of being eligible for a diversion program that may effectively dismiss the charges against you. Clearly, this is a much better alternative than pleading guilty.

Los Angeles County has enacted Penal Code Section 1001.94, which makes this diversion program possible. This law empowers judges to defer sentencing while the defendant participates in the diversion program. Upon full completion of the program, the defendant’s charges are likely to be dismissed. This diversion program is a wonderful opportunity that is specifically designed for first-time offenders. It’s a tremendous way to avoid creating a criminal record while proactively dealing with the requirements of the court. of all, the prosecuting attorney does not have to agree to the defendant’s enrollment in the diversion program. The judge can decide to send the defendant to diversion even over the protests of the prosecutor.

Creative Solutions for Los Angeles Shoplifting Charges

The diversion program is not the only option for people who are accused of shoplifting in Los Angeles. Sometimes it is possible to get the charges against the defendant reduced. Trespassing or disturbing the peace are the most likely reduced charges. Depending upon the value of the goods taken, it is possible to have the charges reduced from a misdemeanor to a mere infraction. That is certainly good news for a first-time offender or even for someone who is trying to avoid adding to an existing record. Of course, these outcomes can only be brought about as a result of the efforts of a qualified California shoplifting attorney.

Consequences for a Shoplifting Conviction in California

Although it is a misdemeanor, it is possible to be sentenced to up to one year in county jail for shoplifting. Many defendants are also required to make restitution, pay for court costs and complete a period of formal parole. Just as bad, the person convicted of shoplifting now has a criminal record. This can have repercussions that will affect this person for the rest of their life. It is genuinely in the interests of the defendant to hire a criminal defense attorney who is willing to mount an aggressive defense.

Elements of Shoplifting in Los Angeles

It is up to the prosecution to prove that that the defendant actually stole the items in question. Moreover, they may try to seek commercial burglary charges if they think that the defendant intended to steal something upon entering the store. They may do this by showing that the defendant possessed means for concealing merchandise. A good criminal defense attorney can bring these and other elements into question. Meanwhile, your lawyer will also be negotiating with the prosecution in an attempt to get the charges against you reduced or dropped.

Implications for Immigration from Petty Theft Charges

Many people in Los Angeles are still in the process of obtaining their American citizenship. Charges of petty theft can derail those ambitions. Shoplifting and other petty theft offenses are considered to be signs of moral turpitude. Accordingly, a person who is not yet a citizen may be subject to deportation or may be denied any extension on a permanent residency visa. Hiring the right Los Angeles petty theft lawyer is even more important for these individuals who are seeking citizenship. Having the charges against you reduced or dropped can keep your hopes of citizenship alive.

Talk with a Los Angeles Shoplifting Attorney

Don’t wait to hire a criminal defense attorney. The sooner your attorney starts working on your case, the better your chances are of being approved for diversion or reduced charges. Contact one of our experienced lawyers today.