Petty Theft Defense Attorney - Fighting Your Theft and Larceny Charges
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What is an example of petty theft?
An example of a petty theft will involve making a quick decision at the mall to take items from a store without paying. Store security or loss prevention would be patroling the stores and will follow the person as they take a valuable item and remove price tags. They either patrol them as undercover shoppers. Other times they patrol the stores via closed circuit cameras. Once a person is spotted taking stuff, lost prevention will head them off at the exit and stop them.
A civil demand letter is served along with a court appearance date . The police will be called in and a report will be taken. The police officer will assign you to a courthouse with a citation to appear and the store will sendyou a civil demand letter. You will sign this promise to appear with a date to appear in court. This is where the misdemeanor offense case starts.
Most pople who get caught are classified as first time offender because they have only been caught once despite them doing it before. .
The good news is that this does not have to result in heavy a penalty and fines. A crafty theft lawyer can avoid the heavy penalties assocaited with common theft crimes and the negative impact that comes with it. In addition if things are handled correctly there does not even have to a petty theft conviction on your record.
Other Collateral Consequences to Consider When dealing with Petty Theft and Shoplifting
Civil Problems from the Department Store
You will most likely get a civil demand later from the department store citing a civil code which entitles them to money. This is called restitution. They are legally entitled to it; however it is important that you consult your lawyer on how to handle these letters.
Petty Theft and Shoplifting Laws may differ from state to state. I get clients who are accused for Costa Mesa Shoplifting. For one reason or another, clients love to shoplift at department stores. Clients will questions about things outside the criminal justice system once they are caught.
One of these questions is whether they should pay the demand letter which is sent to them as a result of their Shoplifting case.
The consensus in the criminal defense community is to not pay them. These are letters are generated in bulk to take advantage of the Shoplifting Laws. In addition to this, they may follow up with their threat, but they will be unable to make a profit. These are not profitable lawsuits for them. They generate these letters because a lot of people pay them. A lot of people do not know better and pay these. They say hindsight is 20/20.
There have been offices that are willing to go as far as putting a negative credit mark on a person's report, but this is probably illegal.
Furthermore, another reason to consider not paying this is that the letters are not civil compromises. Paying these letters does not make the criminal charges go away. The only thing these things go away is your nervousness and your money. At the end of the day you still have to deal with the Shoplifting Laws and the criminal charges involved with your Costa Mesa Shoplifting case.
Paying the letter will not make the case go away. It's a quick fix for your anxiety and the like most quick fixes your shoplifting case will not disappear these letters regenerated in bulk. The companies who generate these letters make money off the people who are scared and pay them. These letters are not worth the paper they are printed on.
Dispute your Civil Case
Attorneys who represent department stores will back down when they see a person has representation.
Stay Away Order from the place
You will be ordered to stay away from the store and your information will be put into a database which will prevent you from going back to the store.
You will also get a criminal record, however let's say this happens, you can still get your case expunged later. However, until then you will have a misdemeanor on your record.
Shoplifting laws are the same; however the consequences are different depending on which court you are at. Despite the name petty theft, having a history of petty theft is very detrimental to your future.
Employers are very reluctant to hire anyone with a criminal record . This is even more so with a person with a theft crime in their background. You simply need to ask yourself, do you want someone with a theft background working for you?
Escape a Criminal Conviction
Keep your record clean with an award winning attorney.
Possible Jail Time
In some circumstances you can be exposed to jail time.