Your Freedom & Your Future
How To Get Shoplifting Charges Dropped in Birmingham, AL
If you were arrested for shoplifting in Birmingham, Alabama, and spent any time in jail, you’re probably feeling fear, embarrassment, and confusion. The idea of going back to that same jail can be overwhelming. But there’s hope: With the right legal help, it can be possible to have shoplifting charges dropped or reduced.
This is your guide to understanding what you’re facing, how to fight the charges, and why attorney Whitney Polson at Polson Law Firm is your strongest ally for a second chance and a better life.

Shoplifting Laws and Penalties in Alabama
Shoplifting is a serious criminal offense. In Alabama, it’s legally called “theft of property” and is charged based on the value of what the store claims you took. Even a misdemeanor can mean jail, and felony shoplifting can bring years of prison. Here’s a simple overview:
- Fourth-Degree Theft (Under $500): Class A misdemeanor. Up to 1 year in jail and fines up to $6,000.
- Third-Degree Theft ($500–$1,500): Class D felony. 1–5 years in prison and up to $7,500 in fines.
- Second-Degree Theft ($1,500–$2,500 or firearm/livestock): Class C felony. 1–10 years in prison, up to $15,000 fine.
- First-Degree Theft ($2,500+ or high value): Class B felony. Up to 20 years behind bars and fines up to $30,000.
Stores can also seek damages in civil court, making it even more crucial to defend yourself aggressively.
Why Shoplifting Charges Get Dropped in Alabama
Police, store owners, and prosecutors can make mistakes. Sometimes, what feels like a certain conviction turns out to be a case that should never have been filed at all. Here are reasons charges get dropped:
- Weak Or Flawed Evidence: Many cases rely on unclear camera footage, misidentified suspects, or missing items.
- No Proof of Intent: Shoplifting requires that you meant to take something. An accident, confusion, or honest mistake can be enough for the DA to drop charges.
- Witness Unavailability: If the people involved can’t or won’t cooperate, the case may fall apart.
- Your Rights Were Violated: If the police or store workers illegally detained you, searched you, or made mistakes, key evidence could be thrown out.
- Pretrial Diversion (Especially for First-Offenders): Alabama allows certain people, especially first-timers, to enter programs that lead to dismissals if completed successfully.
- Negotiated Settlements: A skilled defense lawyer can often persuade the prosecutor to drop or drastically reduce charges instead of risking trial.
What To Do Next: Step-By-Step Roadmap for Dropping Shoplifting Charges
If you want to give yourself the best shot at beating your charges, take these steps immediately:
- Contact a Birmingham shoplifting lawyer now. Attorney Whitney Polson at Polson Law Firm will work on your case relentlessly—acting early improves your chances in court.
- Do Not Talk to the Store Or Police Alone. Anything you say can be twisted and used against you.
- Gather And Protect Evidence. Collect any receipts, bag checks, texts, or witness contacts that prove your story or raise doubts.
- Ask About Diversion and First Offender Options. Whitney can see if you qualify for programs that keep your record clear.
- Challenge Every Weak Point. From sloppy store security to improper police searches, there’s often more wrong with the prosecution’s case than you realize.
- Let Your Lawyer Handle Negotiations. Whitney’s mutual respect with most Birmingham prosecutors gets results you probably could not achieve by representing yourself.

Shoplifting Defenses That Have Been Successful
A seasoned defense attorney can spot many possible defenses in your case. Some include:
- You Didn’t Mean to Steal: Forgetting to pay, being distracted, or honest mix-ups aren’t crimes unless there was intent.
- Mistaken Identity: Store cameras are often low-quality—or the security guard’s memory is fuzzy.
- Rights Violations: Were you detained too long, questioned without Miranda, or searched illegally? That evidence could be ruled inadmissible.
- No Case Without Evidence: If the prosecution can’t prove every element—beyond all reasonable doubt—your charges could be dropped.
Can Stores Drop Shoplifting Charges?
In Alabama, only the prosecutor (District Attorney) can officially drop criminal cases. Stores can choose not to participate, but once police are involved, criminal prosecution is out of their hands. A strong lawyer can convince the DA that pursuing the case isn’t worth court time or resources.
Why Avoiding Conviction Is Everything
A shoplifting conviction—even for a so-called “minor” offense—doesn’t just risk jail. It can haunt you on background checks, job and rental apps, and in social life for years. That’s why you need the best help you can get the moment you’re arrested.
Why Whitney Polson at Polson Law Firm Is the Right Choice
When your freedom is at stake, you can’t gamble on an overworked public defender or a lawyer who dabbles in shoplifting cases. Birmingham criminal defense lawyer Whitney Polson has years of experience specifically defending theft and retail cases in Birmingham and throughout Alabama. Here’s what you get:
- Legal Knowledge Plus Local Savvy: Deep understanding of Alabama law and Birmingham courts.
- Empathy And Personal Care: Whitney knows this is the scariest moment of your life—and fights for you like family.
- Relentless, Strategic Defense: Your case is prepared for battle from day one, looking for every opportunity to get charges reduced or dropped.
- Fast Action: When you contact Polson & Polson Law, help is on the way—with urgent motion filing, evidence gathering, and legal intervention.
Frequently Asked Questions About Alabama Shoplifting Cases
What Is a First Offender Program?
The Alabama first offender program is a court-approved alternative to prosecution for many people accused of shoplifting for the first time. Successfully finishing means your charges are dismissed and there is no record of conviction.
Will I Go Back to Jail?
Working with a dedicated Birmingham defense lawyer dramatically reduces your risks. Most clients, especially first-timers, can get pretrial bonds, avoid more jail time, and focus on beating their case.
Can Charges Be Dropped If I Return the Items?
Not usually. Returning goods or paying the store does not guarantee dismissal—but it can sometimes help your case as part of negotiations.
Do I Need a Shoplifting Lawyer for a Misdemeanor?
Absolutely. Even misdemeanors can bring jail and leave a permanent record. The right lawyer means a stronger chance for dismissal, diversion, or reduction.
Can I Ever Get My Criminal Record Clean Again?
With the right outcome, including dismissal or successful program completion, you may be able to have your record sealed (expunged) in the future. Whitney Polson can explain what’s possible in your case.
What To Do If You’re Facing a Shoplifting Charge in Birmingham, Vestavia Hills, or Mountain Brook
Fear about your upcoming case is natural after a shoplifting arrest. Remember: Every call to Polson Law Firm is 100% free and confidential. Take action as soon as possible to protect your peace of mind, your job, and your future.
Learn More About Alabama Theft Laws with Polson Law Firm
Your path to recovery and a better future starts right here. Read more on our site:
Your Fresh Start Begins Today

Don’t let a single mistake or misunderstanding destroy your life or send you back to jail. Shoplifting charges in Alabama are serious, but so is your chance for hope—with an attorney who won’t quit fighting for you. Whitney Polson at Polson Law Firm offers intense, personalized legal assistance and a defense plan built for results.
Call now for a confidential, free lawyer consultation and see what’s possible for your future.












