What Should I Do If I'm Accused of Shoplifting?
Being accused of shoplifting can be a stressful and unsettling experience. Whether you’ve been caught on camera, confronted by store personnel, or detained by security, the situation can quickly escalate.
If you're in Georgia and facing allegations of theft, it’s important to understand your rights and how best to respond. At Kyle H. Jarzmik Law, I’m here to help you through this process. Here’s a comprehensive guide on the steps you should take if you find yourself accused of shoplifting in Atlanta, Georgia.
Step 1: Stay Calm and Don’t Panic
The first and most crucial step when you're accused of shoplifting is to remain calm. It’s natural to feel overwhelmed, frustrated, or scared when faced with such accusations. However, panicking or reacting impulsively could make matters worse.
If you start arguing or becoming aggressive with store employees or security personnel, you may inadvertently make the situation more difficult for yourself. Take a moment to breathe and assess the situation. Even if you believe the accusation is false, it’s important to stay composed and avoid saying anything that could be used against you later.
Keep in mind that anything you say could be construed as an admission of guilt. A calm demeanor may help you maintain control over the situation and could work in your favor when it comes to your defense.
Step 2: Know Your Rights
When you're accused of shoplifting, it’s essential to know your rights. In Georgia, as in most states, you’re protected from unlawful detention and arrest. Retailers and security personnel may only detain you under certain conditions.
They must have reasonable suspicion, typically supported by evidence such as surveillance footage or eyewitness accounts, to believe you have stolen something. If you're detained, you have the right to remain silent.
You’re not obligated to answer questions or provide statements without legal representation present. While it may seem tempting to explain yourself or defend your actions, anything you say can potentially be used against you later.
Instead, politely inform the store personnel that you’d like to speak with an attorney before answering any questions. This is particularly important if you’re being interrogated by law enforcement officers.
Step 3: Don’t Resist Arrest
If the situation escalates to the point where you’re arrested, it’s important to avoid any resistance. Resisting arrest could result in additional charges, such as obstruction of justice or assaulting an officer. Even if you believe the accusation is unfounded, physically resisting could make the situation much worse.
Remain calm and polite with law enforcement, but don’t consent to any searches without a warrant. In Georgia, like in other states, the Fourth Amendment protects you from unreasonable searches and seizures.
If the police want to search you or your belongings, they must have probable cause or a search warrant. If they don’t, politely assert your right to remain silent and request to speak with a criminal defense lawyer.
Step 4: Gather Evidence
As soon as possible, try to collect any evidence that could help support your case. If you were falsely accused of shoplifting, any documentation or proof you can gather will be useful for your defense. This could include:
Receipts showing that you purchased the items in question.
Witness statements from other customers or people who were with you.
Video footage from other parts of the store that might show you weren’t in the area where the alleged theft occurred.
Having these pieces of evidence can be crucial in proving your innocence or demonstrating that there was a misunderstanding. The more information you can provide to support your side of the story, the better.
Step 5: Contact a Criminal Defense Lawyer
If you're facing charges for shoplifting, one of the most important things you can do is hire a criminal defense lawyer. Criminal defense lawyers in Georgia are familiar with theft-related cases and can help you assess the situation and guide you through the legal process.
Even if you haven’t been formally charged yet, having an attorney on your side early can help protect your rights and improve the outcome of your case.
A criminal defense lawyer will review the evidence, discuss potential defenses, and represent you in court if necessary. They’ll work with you to build a solid defense strategy, whether you’re innocent, guilty, or dealing with a situation that could be dismissed or reduced to a lesser charge.
Step 6: Understand the Consequences of a Shoplifting Charge
Shoplifting charges in Georgia can result in serious consequences. The penalties vary depending on the value of the stolen property. For example, if the value of the stolen items is under $500, the crime is generally considered a misdemeanor, and penalties could include fines, probation, or jail time.
However, if the stolen property is valued at more than $500, the offense could be charged as a felony, which carries much more severe penalties, including longer prison sentences and higher fines.
Additionally, a conviction for shoplifting can have long-lasting effects on your criminal record. A criminal record can affect your future employment opportunities, housing options, and even your ability to obtain loans. For this reason, seeking out a criminal defense lawyer is crucial to prevent these consequences from damaging your future.
Step 7: Prepare for Court
If you’re formally charged with shoplifting, you’ll likely have to appear in court. It’s important to work closely with your criminal defense lawyer to prepare for your court date.
Your lawyer will review the evidence, examine any potential legal issues, and help you determine the best course of action. There are several defenses that a lawyer may pursue, depending on the specifics of your case, including:
Mistaken identity: If you were wrongly identified as the thief, your lawyer could present evidence to show that you weren’t the person who committed the crime.
False accusation: If you were accused based on a misunderstanding or malicious intent, your attorney may be able to prove that the accusation was unfounded.
No intent to steal: In Georgia, to be convicted of shoplifting, the prosecution must prove that you had the intent to steal. If you accidentally walked out of the store with unpaid items or were confused about a purchase, your lawyer might argue that there was no criminal intent.
Your lawyer will help you understand the strengths and weaknesses of your case and whether it makes sense to go to trial or negotiate a plea deal.
Step 8: Explore Possible Defenses
There are a variety of legal defenses that may be available if you're accused of shoplifting. For instance, you might be able to argue that the store lacked sufficient evidence to prove you took anything without paying. Georgia law requires that the prosecution prove beyond a reasonable doubt that you had the intent to steal.
A criminal defense lawyer may also look into the possibility of a procedural error. For example, was the store’s security protocol followed properly? Were the actions of the store employees or security personnel lawful when detaining you? If there were any irregularities in the process, your defense attorney could use these details to weaken the case against you.
Step 9: Consider a Plea Deal
In some situations, your lawyer might suggest considering a plea deal. This typically happens if the evidence against you is strong and going to trial may result in a conviction. A plea deal can help reduce the severity of the charges and may result in a lighter sentence, such as a fine or probation rather than jail time.
It’s important to discuss all your options with a criminal defense lawyer before agreeing to any plea deal. A lawyer can advise you on whether accepting the deal is in your best interest or if fighting the charges might be a better strategy.
Step 10: Learn from the Experience
If you’re acquitted or the charges are dropped, it’s crucial to learn from the experience. While an accusation of shoplifting can be distressing, it can also provide valuable lessons about the importance of protecting your rights and being cautious in situations where misunderstandings might arise.
Even after the case is resolved, it’s worth reflecting on the steps you took, the actions of those involved, and how you can avoid similar situations in the future. On the other hand, if you’re convicted, it’s important to follow your lawyer’s advice regarding post-conviction options.
Call Today for Legal Guidance
Whether you’re facing misdemeanor or felony charges, your criminal defense lawyer will be an invaluable ally in helping you defend your case. I serve clients throughout the state of Georgia including Atlanta, Fulton, Cobb, Dekalb, Gwinnett, Forsyth, Douglas, Paulding, and Cherokee County,. Reach out to me at, Kyle H. Jarzmik Law, today.