Experienced criminal defense attorneys usually advise their clients to not pay the civil demand fine. In addition to the civil demand, many stores will also ban a shoplifter from ever entering their store again. If you violate the ban, the store can have you arrested for trespassing.
If you pleaded guilty instead of hiring an attorney to get your shoplifting ticket reduced or dismissed, you may be able to change your mind and withdraw your guilty plea. Your first step would be to hire an attorney to file a motion with the court to withdraw your guilty plea. The judge will decide whether to let you withdraw your plea. The judge will refuse to let you withdraw your plea if too much time has passed since you pleaded guilty, or if you had an attorney representing you when you pleaded guilty.
You should consult an experienced attorney to discuss your case and determine the likelihood of success before attempting to withdraw your plea. You must have a clean criminal record for 3 years following the date when you pleaded guilty to shoplifting before you can file a petition for expungement. To request expungement of a conviction, you or your attorney must file a petition with the court and appear before the judge at a hearing. The proper parties must be notified of the hearing so they have an opportunity to testify against you if they object to the expungement of your stealing conviction.
Here is a link to the expungement form you will have to file to petition the court for expungement of your conviction. Technically, you can file a petition for expungement yourself without an attorney. You will have to pay a filing fee and send notification to all the proper parties, and if your petition fails, you will have to wait a year to re-file and pay the filing fee again. You can consult a criminal defense attorney to get a flat-fee price quote for how much they will charge to represent you for your shoplifting ticket.
Most criminal defense attorneys offer a free consultation and can give you an estimate of what will happen with your case. Failure to appear in court on time could result in a bench warrant. This could lead to your arrest and seriously complicate your case. In Arizona, the statute of limitations is 1 year for misdemeanor theft and 7 years for felony theft. Most shoplifting cases are classified as a misdemeanor. This means that you can face charges for shoplifting after leaving the store for up to 1 year after committing the crime.
Sometimes it will take weeks or months for the store to file charges because of the constraints of video footage. Even if the store caught you on camera or a security guard saw you, it might take a while for the store to get a positive ID from the footage.
If the store positively identifies you, they might check for other occurrences of shoplifting. They will look through their archives with facial recognition software to see if you were in the store on other occasions. The penalties for shoplifting depend on the value of the stolen goods. If you have prior criminal convictions, you could face a more severe charge, regardless of the value of the stolen goods.
Jail or prison time, fines and probation are all possible. For first-time offenders, jail is uncommon. Stores can also sue shoplifters in civil court for damages. In civil court, one person sues another person because of a dispute or problem between them. A business or agency can also file a case in civil court or be sued in civil court.
If someone loses a case in civil court, that person may be ordered to pay money to the other side or return property, but that person does not go to jail just for losing the case. Damages can be awarded for the value of stolen items, as well as an additional penalty.
The convicted shoplifter can face a civil penalty plus the value of the stolen goods. With an experienced criminal law attorney at Belen Law Firm, you may be able to negotiate a lower classification and penalty. Even if a lower classification or penalty is not possible, a good attorney should at the very least be able to work with the prosecution and judge to lessen your sentence.
Misdemeanor and felony convictions will remain on your record until you turn Arizona law allows you to request that the court set aside your misdemeanor conviction.
When a conviction is set aside, it will show as dismissed in public records. Even with a detailed background check, the record will show the existence of a prior conviction, but the details will be concealed. The record will show that the court granted the petition to have the judgment set aside. Whether the offense is a felony or a misdemeanor, you must take this case very seriously. The criminal defense attorneys in Phoenix, AZ at Belen Law Firm help you build a case to protect your rights and reduce charges against you.
Contact us to receive a free consultation today. Tel: Email: belen belenlawfirm. All rights reserved. A big determining factor of whether or not shoplifting will go on your criminal record is if you get arrested. In many cases, if you are a teen and caught shoplifting, the owner of the store will ban you for life and call your parents.
While this seems awful at the time, the owner is being generous, since it is completely within their rights to call the police at this time. If you did not get arrested and did not receive a citation, it will not go on your criminal record. If you are arrested or reported to the police, then it depends on what happens next. If you are arrested and charged with a crime, it will likely go to court for a decision to be made on your punishment.
If you are not convicted of the accused crime in court, then it will not go on your permanent record. However, if you are convicted of the crime then it will go on your permanent record. If you are convicted in court, then with the help of a good attorney you will likely be sentenced to community service and one year of probation. If you successfully complete your assigned community service and one year of probation without any further charges or arrests, then at that point your record should be expunged.
If you get caught shoplifting and the owner decides to issue a citation or call the police, it is essential to contact an attorney immediately. A good lawyer can help argue your case in court and help you avoid any blemishes on your permanent record.
The Law Offices of Elliott Kanter in San Diego features experienced criminal defense attorneys who can help you clear your name of any wrongdoings. If you are worried about accumulating a criminal record, contact The Law Offices of Elliott Kanter today. Give us a call. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus blandit malesuada eu donec eu porta arcu consequat dolor. Sed sed nisl quis et imperdiet.
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