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Shoplifting in Birmingham

Shoplifting may seem like an inconsequential matter at first, but a person who gets caught doing it can face serious penalties. Retailers who are dealing with tough economic times are cracking down on shoplifting and are more likely than ever to press charges.

If you have been charged with shoplifting, you need advice from an experienced theft attorney who has handled these kinds of cases before and who know the best strategies to use to defend your rights. A Birmingham shoplifting lawyer can help build your defense.

Shoplifting Charges

In Birmingham, shoplifting is a form of petty theft, specifically the theft of store merchandise. A person does not have to leave the store with the goods to be charged with the crime. Slipping an item into a pocket or bag can be enough to establish intent to steal. Placing the item under one’s clothing, or hiding it inside another item, will be enough of a “taking” to constitute theft.

Stores nowadays are more likely to have security cameras – often hidden from the customers’ line of sight – as well as security guards walking the premises, looking for the telltale signs of shoplifting.

An individual’s willingness to pay for an item after being apprehended will not defeat a charge of shoplifting. As long as the defendant intended to keep the item without paying when taking it, a criminal charge can be filed and a Birmingham shoplifting attorney should be consulted.

Proving Intent

The difficulty of proving that intent can be the key to the accused person’s defense. Perhaps the person merely absent-mindedly placed the item inside of their clothing.

Another form of shoplifting is changing or removing price tags. These acts illustrate an intent to take money from the shopkeeper, by trying to pay less for the merchandise than its actual price.

The crime can be classified as grand theft if the merchandise is worth more than a specific amount specified in the statute. This may be relevant if the item was a piece of expensive jewelry, for example. However, in most cases, shoplifting will be considered petty theft, a misdemeanor.

Potential Penalties

Even a misdemeanor conviction can have heavy consequences. While misdemeanors are less serious than felonies, a conviction for a crime of this type can lead to some jail time, perhaps as much as six months. Any kind of incarceration can be intensely disruptive of a person’s life and could well lead to loss of a job. Misdemeanors can also carry hefty fines and community service requirements. Additionally, these convictions may result in loss of privileges, such as professional licenses. A Birmingham shoplifting attorney’s help is essential to mitigate these penalties.

Depending on the circumstances, first-time offenders may have the option of “diversion,” a court-supervised program in which the defendant performs community service, undergoes counseling, and remains arrest-free for a period of time. A person who successfully completes the program can then have the charges dismissed.

The penalties get harsher for repeat offenders. If the defendant has a prior conviction for the same offense, a misdemeanor charge can be bumped up to a felony, which can mean prison sentences of one year or more. Skilled Birmingham shoplifting attorneys will listen to your story without judgment. They know that anyone can make a mistake. The important thing is that the client receives the protections they are entitled to under the Constitution.

Contacting a Birmingham Shoplifting Attorney

If you are facing criminal charges of any kind, you owe it to yourself and your loved ones to seek out advice from Birmingham shoplifting lawyers who have worked in the criminal courts for years, and who know how to work aggressively to defend your rights. Do not wait another day before getting that advice.

Client Reviews
Whitney Polson is a no-nonsense attorney who delivered exactly what he said he would on my case...thank you so much sir...I would definitely recommend anyone facing a DUI to retain this man. D.B.
If you are looking for an attorney I must recommend Mark Polson of Polson & Polson. My case was successfully moved from a February to a December court date and was dismissed. I am extremely please with the way this firm handled the case and was able to secure the dismissal. Thank you again to Polson & Polson for your professionalism and knowledge that we needed for this situation. Best Regards to all. Julie C.
Wow! I never could have hoped for our lawyer to work as fast as he did but Whitney was lightning fast! Very attentive to the details, never left me hanging along the journey-I used online reviews in choosing him and now I want to pass that on-if you need a lawyer (ours was a traffic court case with complications), I HIGHLY recommend this firm! Claire B.