Shoplifting Lawyer Fairfax, VA

Myths About Shoplifting

The crime of “shoplifting” in Virginia is technically called “larceny.” There are two main classes of larceny – “grand” and “petit.” The only difference between the two is the amount of money alleged to be stolen. If the stolen property is worth $500 (on July 1, 2020 a new law in Virginia raises this threshold to $1000) or more, the crime is Grand Larceny, a felony. If the value is less than this, the crime is Petit Larceny, a misdemeanor. The maximum punishment for Grand Larceny is – you’d better sit down – 20 years in prison. There is no mandatory minimum sentence. The maximum punishment for Petit Larceny is one year and a $2,500 fine. Despite, the fact that Virginia calls “shoplifting” “larceny,” this article will use the more colloquial term “shoplifting.”

Here are some common myths about shoplifting from a shoplifting lawyer, Fairfax VA:

MYTH ONE: Shoplifting is Not that Big of a Deal.

While it is true that few people convicted of shoplifting get much (if any) jail time, some do. Some judges will routinely impose a short jail sentence to reinforce the seriousness of the crime. Most don’t. In fact, the Virginia Sentencing Guidelines recommend probation-only for a single count of Grand Larceny committed by one with no prior criminal record. However, the Guidelines don’t distinguish cases based on the value of the item stolen. So, under the Guidelines, the recommended punishment would be the same if someone stole a $201 ($1000 after July 1, 2020) pair of jeans or a $1,000,000 piece of jewelry. Unsurprisingly, many judges do make a distinction.

Jail, is not the only consideration, though. Any shoplifting lawyer, Fairfax VA will point to collateral consequences of a shoplifting conviction. These include:

• A loss of credibility in court in the future. Shoplifting is classified as “crime of moral turpitude” and can be used to argue that one convicted of this crime is not trustworthy. So, assume a person is convicted of shoplifting and five years later is in an automobile accident where he and the other driver are each claiming the other was at fault. Even though shoplifting had nothing to do with the accident, the person convicted of shoplifting is automatically not as credible as the other driver who has no conviction. In a close case, this could tip the balance.
• A lifelong reputational disability. Even if one never must be in court, one convicted of shoplifting will have the conviction on his record forever. There is no expungement procedure under current Virginia law that would erase a shoplifting conviction from one’s criminal record.
• Immigration Consequences. A conviction could carry adverse immigration actions, such as deportation, exclusion, or citizenship bans now or in the future.

MYTH TWO: If Caught in the Act of Shoplifting there is No Way to Avoid a Conviction.

There are many defenses to larceny and a shoplifting lawyer, Fairfax, VA will explore them with clients. As a factual matter, the prosecutor must prove that one stole property, with the intent to steal it, and that the item had value. Prosecutors sometimes have difficulty proving value. While intent can be inferred by one’s actions, sometimes it requires speculation too far for a judge to permit.

Even if there are no defenses, there are alternatives to a conviction.

• A prosecutor could be persuaded to reduce a felony Grand Larceny charge down to a misdemeanor Petit Larceny charge based on mitigating circumstances.
• A prosecutor could be persuaded to change the charge from a larceny charge to a different misdemeanor that does not involve “moral turpitude,” such as Trespassing.
• Some courts (like Fairfax, VA) have “first offender” programs that can result in a dismissal of the shoplifting charge entirely. (However, discuss with your shoplifting attorney, Fairfax VA the pros and cons of this program. Dismissals through it are not “expungeable” and will be a permanent item on a criminal record).

Shoplifting attorneys, Fairfax VA can be great myth-busters! Choose a good one.

What Is Considered Shoplifting?

In general, shoplifting is considered to be a form of petty theft and includes taking merchandise which is valued less than a certain amount. An alleged shoplifter does not necessarily have to exit the store to be charged with the criminal act. Rather, the defendant could exhibit the slightest movement consistent with the intention to shoplift. An example of this may be hiding the item in another item or placing the item inside a pocket. It should be noted that absentmindedly placing an item over another might not constitute theft. Because this area is relatively broad, it is recommended to have a shoplifting lawyer in Fairfax VA review your case. Even if a shoplifter offers to pay for the item after being apprehended, he or she can still be charged. Examples of shoplifting include:

• Altering or removing price tags;
• Wearing clothing that has not been purchased;
• Placing items in a pocket, bag, or underneath clothing; and
• Placing items in another package or product.

As a shoplifting lawyer in Fairfax Virginia we will examine the evidence against you and let you know what you might expect.

Larceny/Theft – Shoplifting, Grand Larceny, Petit Larceny

“Larceny” is stealing, theft, or shoplifting. It is different from robbery because there is no use of force. To convict, the prosecutor must prove (1) that the defendant took personal property belonging to another and carried it away; (2) that the taking was against the will and without the consent of the owner; and (3) that the taking was with the intent to steal.

If the value of the allegedly stolen property was worth $500 or more (Note: on July 1, 2020, the law changes to $1000 or more), or the item was a firearm, the crime is considered grand larceny, which is a felony, carrying a maximum punishment of 20 years in prison and no mandatory minimum punishment. Otherwise, the crime is petit larceny, a misdemeanor with a maximum punishment of up to 12 months in jail and a fine of up to $2,500.

Common Beliefs Held by Shoplifters

A shoplifting lawyer Fairfax VA families trust frequently receives phone calls from people who have been caught shoplifting but believe they should not be charged because they:

• Offered to pay for the items;
• Did not actually leave the store;
• Bought something while another party did the actual theft;
• Acted only as a lookout;
• Felt the item was overpriced;
• Believed the salesperson was rude, inconsiderate, or discriminatory;
• Thought jail was not a possibility; and
• Did something that did not actually hurt anyone.

All of these factors do not matter and will not hold up in a court of law. Unfortunately, if many offenders had known this, especially the youth, they might not have shoplifted in the first place. As a shoplifting lawyer Fairfax VA provides, we will do whatever is legally possible to build a defense on your behalf. It will be our objective to:

• Make an arrangement with the establishment to avoid to court process;
• Push for a diversion program which may include counseling or community service;
• Negotiate the charges against you;
• Have the charges reduced or dropped; and
• Prevent a permanent record from being established.

If you are a repeat offender, you may be charged with a felony known as a petty with a prior. These charges could carry the possibility of prison time, large fines, and a felony conviction on your record. In this instance, it is prudent to seek advice from a shoplifting lawyer Fairfax VA counts on such as Dave Albo.

Reasons to Take a Plea Deal

A shoplifting lawyer Fairfax VA tends to consult can tell you how criminal cases can be resolved out of court by both sides coming to an agreement. To save the courts from a long drawn out, time-consuming trial, to reduce the cost to the defendant and to lessen the crime and/or sentence that one is charged with, a defendant may want to enter into a plea bargain.

A plea bargain is where the defense and prosecution make a deal that each side agrees upon. A defendant may plead guilty to a lesser charge and possibly have other charges connected to the crime reduced or even dismissed. It also can involve a guilty plea, with the prosecution recommending lighter sentencing. Most choose the “plea bargain” option because of the following:

• Defendants can avoid the publicity a trial could involve, the risk of harsher punishment, and the time and cost of going to trial.
• The prosecution saves the time and cost of a long trial.

Dave Albo – Attorney is a firm well versed in helping clients understand plea bargains and navigate through the criminal defense process accordingly. When you need the representation of a shoplifting lawyer in Fairfax VA, don’t hesitate to get in touch with our firm. To schedule your initial consultation, call Dave Albo – Attorney at (703) 455-0046.

Accepting a Plea Deal

Your shoplifting lawyer Fairfax VA relies on can tell you that there are always risks to consider when going to trial for a criminal charge. One is that you never know what the outcome will be; accepting a plea deal gives the defendant a clear idea of what lies ahead. Charge bargaining is the most common type of plea deal. This is where the prosecution and defense negotiate a lesser charge for the defendant. When a charge bargain is brought before the state, in all likelihood, the state will reduce or even dismiss other charges that have been brought against the defendant. For instance, charges for murder might be reduced to manslaughter, and charges for burglary may be reduced to trespassing.

Court Diversion

Aside from taking a plea deal when a lesser crime has taken place, an experienced shoplifting lawyer Fairfax VA recommends can give you other alternatives that some opt to use. In some states, there are various diversion programs for the defendant, such as counseling or participating in a rehabilitation program. To qualify, the defendant cannot have any prior offenses. Typical offenses that use the court diversion:

• Non-violent crimes
• DUI
• Drug charges
• Minor traffic offenses
• Petty theft

There are several reasons that a defendant will choose a plea bargain or court diversion. As mentioned before, the court process can be expensive, lengthy, and possibly become public as well as the uncertainty of the outcome. It is highly recommended that the defendant consult with a shoplifting lawyer Fairfax VA residents know well when negotiating a plea bargain or entering into a court diversion.

Work With an Experienced Fairfax Shoplifting Lawyer

When you need the assistance of a criminal defense attorney, you deserve someone who will be committed to your case and to securing the best possible outcome for you. At Dave Albo – Attorney, we put our clients first and are serious about seeking justice for them, and do our utmost to reduce their charges or negotiate for them.

To schedule your consultation with a shoplifting lawyer Fairfax VA trusts, call Dave Albo – Attorney at (703) 455-0046.

Shoplifting Lawyer Fairfax VA Residents Trust: What to Do If Accused of a Theft Crime

For anyone who is currently undergoing a trial in regards to being accused of a theft crime, consider calling a defense lawyer from Dave Albo – Attorney to represent you in court. We have sought to safeguard the rights of citizens for more than 30 years, and have likely won many theft cases similar to yours. There are two categories of theft, and after consulting with our clients we can determine which case theirs falls under.

Grand Theft = Property or services stolen that are valued over a certain amount of money.
Petty Theft = Stolen objects in which the value is of a lesser scale than grand theft.

By hiring a Fairfax attorney from Dave Albo – Attorney, we can ensure you understand how your case will be defined and treated in the court of law. Depending on what you are being accused of and how much that adds up in value, you could face a misdemeanor or felony charge.

Variables that can determine your verdict include any past history of criminal behavior and the details surrounding what exactly happened. If you are accused of grand theft, there may be other options as an alternative to serving jail time in Fairfax. They are listed as follows:

1. Sealed Arrest Records
2. Serving Community Service Hours
3. Counseling and/or Rehabilitation
4. Compromise (Civil)
5. Programs Specified for First Time Offenders

An attorney at Dave Albo – Attorney can scrutinize all the evidence in regards to what led to your theft accusation. It is possible that personnel who work loss prevention were too aggressive and may have resulted in a misunderstanding between this employee and the accused. What could have been talked out as a simple mistake is now being misconstrued and causing you suffering.

Sometimes stores may utilize significant illegal strategies when arresting people for theft, and if you choose a shoplifting attorney from Dave Albo – Attorney, we can weave through these behaviors to defend you. The experience and knowledge of an attorney can greatly increase your chances of walking away with a charge rescinded.

Having a shoplifting lawyer Fairfax VA locals turn to from Dave Albo – Attorney alongside you throughout this process can allow us to utilize all aggressive strategies to ensure you walk away with innocence. The last thing we want is for your entire life and what you created to be destroyed because of a theft charge. We understand that not only your life may change, but also the loved ones closest to you. Theft arrests may result in an extensive list of charges. We can work fiercely to prevent any financial fees held against you, jail time punishment, and/or the establishment of a criminal record.

Please contact us today to discuss your situation with one of our shoplifting attorneys at Dave Albo – Attorney. Call a shoplifting lawyer Fairfax VA clients recommend today at (703) 867-8756 for a free consultation. Do not hesitate to reach out, for the longer you wait to have representation, the more likely you will not get the best possible verdict. We hope to speak with you today about the specifics of your theft case.