Understanding Your Rights When Accused of Shoplifting in Georgia

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Shoplifting is a surprisingly common offense in Georgia, but that doesn’t mean it should be taken lightly. Regardless of the circumstances, the consequences of a shoplifting conviction can be severe, affecting your freedom, finances, and reputation. If you have been accused of shoplifting, it’s crucial to understand your rights and legal options to protect your future.

Defining Shoplifting in Georgia

In Georgia, shoplifting is defined under O.C.G.A § 16-8-14 and occurs when a person does any of the following:

  • Takes possession of store merchandise with the intent to deprive the owner of the item without paying full value.
  • Alters or changes the price tag or other markings indicating the price of an item.
  • Transfers merchandise from one container to another with the intent to steal.
  • Conceals merchandise.

Penalties for Shoplifting

The severity of penalties for shoplifting charges in Georgia depends on the value of the stolen goods:

  • Misdemeanor Shoplifting:
    • For merchandise valued at less than $500, shoplifting is classified as a misdemeanor.
    • Penalties can include fines up to $1,000 and/or jail time of up to a year.
  • Felony Shoplifting:
    • If the value of stolen merchandise exceeds $500, the offense becomes a felony.
    • Felony shoplifting convictions result in one to ten years in prison.
    • Repeat felony offenders face even harsher penalties.

What to Do If You Are Accused of Shoplifting

Getting accused of shoplifting is stressful. Here’s what you should do:

  • Remain Calm and Cooperative: While emotions can be high, stay calm. Avoid arguments or trying to talk your way out of the situation. Store personnel may have the right to detain you under Georgia’s Shopkeeper’s Privilege law.
  • Exercise Your Right to Remain Silent: You have the constitutional right to remain silent. Do not admit guilt or offer unnecessary explanations – anything you say can potentially be used against you in court.
  • Contact an Experienced Attorney: Immediately request to speak with a lawyer. An experienced Georgia criminal defense attorney will be the best person to advise you, protect your rights, and strategize for your defense.
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Defenses Against Shoplifting Charges

Several potential legal defenses can be used against shoplifting charges in Georgia:

  • Lack of Intent: A crucial element of shoplifting is the intent to deprive the owner of the goods. If you accidentally walked out of the store with an unpaid item or genuinely forgot it at the bottom of a cart, you may have a valid defense.
  • Mistake of Fact: You may have believed you were entitled to take the merchandise, such as if the price was mistakenly marked lower.
  • Entrapment: This defense applies if you were lured or persuaded to commit shoplifting by law enforcement or store personnel.
  • Coercion or Duress: If you committed shoplifting under threat or while being forced by another individual, you might have a legal defense.

Civil Liability for Shoplifting

Beyond criminal penalties, merchants in Georgia can sue individuals accused of shoplifting in civil court. This can potentially result in:

  • Recovering the retail value of the goods
  • Additional financial penalties and damages

Additional Resources and Support

  • Georgia Legal Aid: https://www.glsp.org/ (Provides legal assistance to low-income individuals)
  • Georgia Bar Association: https://www.gabar.org/ (Can help connect you with an attorney)
  • Georgia Public Defender Standards Council: (Oversees legal representation for indigent defendants)

Building a Strong Defense Strategy

Your attorney will be instrumental in developing a solid defense for your case. Here’s how the process might work:

  • Review of the Evidence: Your attorney will thoroughly examine all evidence presented against you, including security footage, witness statements, and police reports. They’ll identify any inconsistencies or weaknesses that can be used to challenge the accusations.
  • Negotiations with the Prosecutor: In certain cases, your attorney might negotiate with the prosecution to reduce the charges or seek alternative sentencing options like probation, community service, or restitution.
  • Pretrial Motions: Your attorney could file pretrial motions to suppress evidence obtained illegally or to challenge any aspect of the arrest or detention procedure.
  • Going to Trial: If a plea deal isn’t reached, or your attorney believes you have a strong case for acquittal, your case will go to trial. Here, your attorney will advocate on your behalf, present evidence, cross-examine witnesses, and argue in favor of your innocence.
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Expungement of Shoplifting Records

Under certain conditions, you may be eligible to have a shoplifting conviction expunged (restricted) from your criminal record in Georgia. Having the record restricted can help mitigate the long-term consequences of a shoplifting conviction with regard to employment, housing, and other areas of life. Your attorney can guide you on the expungement process and eligibility requirements.

Important Considerations

  • Juveniles and Shoplifting: The laws regarding juvenile shoplifting differ from adult offenses. If your child is accused of shoplifting, it’s critical to obtain specialized legal representation for juvenile delinquency cases.
  • Prior Convictions: If you have previous shoplifting convictions, the penalties you face in a current case will be significantly harsher. An experienced attorney will help you navigate your legal options and minimize the impact of past convictions.
  • Impact on Immigration Status: For non-citizens of the United States, a shoplifting conviction, however minor, could have severe consequences for their immigration status, including deportation. If you are an immigrant, seek an attorney who has experience with both criminal defense and immigration law.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. The laws surrounding shoplifting are complex and can change over time. It is essential to consult a qualified criminal defense attorney in Georgia to understand your specific rights and options. Always seek the advice of a professional before proceeding with any course of action.

Sources

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