Shoplifting is taken very seriously in Washington State. Are you curious about whether a shoplifting charge can be dismissed? Do you know someone dealing with this problem? If this legal topic interests you, then this article is definitely for you. I’m an attorney based in Lynnwood, Washington. My firm has been defending people accused of various crimes in Washington State for over 20 years. I decided to make this article to share my knowledge with you so you can get shoplifting charge dropped.
It’s really hard to decide what to do about a shoplifting charge, and sometimes you might want to know how to get it dismissed. Situations can quickly become complicated. Well, with an attorney’s help, you can get your shoplifting charge dismissed. Sometimes, your lawyer might even be able to reduce the charge so you don’t have to go to jail. If you don’t get a lawyer, you’ll have to face the shoplifting charge in court by yourself. But with a lawyer, you might not have to.
What is Shoplifting?
How shoplifting is treated as a crime in Washington State all depends on the value of the items taken. Shoplifting is just another term for theft. The most usual form of shoplifting involves not paying for items worth $750 or less. This is known as third-degree theft and is classified as a gross misdemeanor. Yes, shoplifting is a misdemeanor depending on the value of the item you shoplift, and a very common theft crime in the US according to HG.org.
If you’ve been accused of shoplifting, this is likely the charge you’re facing. There are also more serious forms of theft, like second-degree and first-degree theft, both felonies, involving higher values of stolen goods, usually from a store.
If you’re caught shoplifting, you might be handed a ticket instructing you to appear in court the next day. You could be arrested, or you might not face immediate consequences, leaving you wondering if you’re in the clear. However, not receiving immediate punishment doesn’t mean you’re off the hook.
You might still receive a court summons in the mail. So consult an attorney to understand what you might be facing. This article will discuss ways to potentially get a shoplifting charge dismissed, so it doesn’t negatively affect your life. A theft conviction can be a major issue for future employment opportunities, as employers often view it negatively. You might not be a dishonest person; perhaps you were going through a difficult time or can’t explain your actions. People can be quick to judge, so it’s crucial to try and avoid a theft conviction.
Do not underestimate a shoplifting ticket. It can even land you in jail, typically a few days to months depending on the item value.
Steps to Get Your Shoplifting Charge Dismissed
As mentioned earlier, you can have the court dismiss the shoplifting charge against you. Below are the ways to go about it:
Hire an attorney
First, get in touch with an experienced criminal defence attorney. The attorney will provide a flat-fee price quote on the amount of money they will charge to represent you for shoplifting charges.
Some criminal defence attorneys provide free consultation and will estimate what your case involves.
Do not plead guilty
Your first mistake is admitting that you shoplifted. If there is no concrete evidence against you, do not plead guilty.
However, you may be able to withdraw your initial guilty plea. Let your attorney file a motion at the court seeking to withdraw your guilty plea. If the judge permits the request, your attorney can negotiate with the Prosecutor to reduce the offense or drop the charges against you.
If you delay withdrawing your guilty plea, it may be too late for the judge to consider your attorney’s request. In other cases, if you had your attorney with you when you pleaded guilty, the judge can refuse plea withdrawal.
Meanwhile, before you make this move of fighting the shoplifting charges against you, consult an experienced attorney. The attorney can be able to weigh your chances of getting away with withdrawing your plea.
Do not pay the fine
A police officer can tell you that shoplifting is not a serious crime and asks you to pay the fine to avoid a court appearance.
Unfortunately, paying the fine means that you are pleading guilty to shoplifting. This will also reflect in your criminal records permanently. Organizations that check your criminal record after a background check may not want to have anything to do with you.
Do not pay the civil demand fine
It is not mandatory to the civil demand fine to the store where you shoplifted. Meanwhile, if you were arrested by the local police for shoplifting, you be taken to jail. In some cases, you get shoplifting ticket with no jail sentence.
Unfortunately, the store can come at you. The store’s attorney can ticket you to pay a Civil Demand fine. The letter cites the amount you supposedly to owe the store and is written in a manner that threatens you to pay off.
The store may also give their reasons for demanding the fee, and, perhaps, what they will use it for. Depending on your attorney’s expertise, you may be advised to ignore it.
Meanwhile, if you refuse to pay the civil demand by the store, they can sue you to reimburse their expenses. They can request you to pay the fees of their attorney, so you need an attorney with the experience to get out of shoplift charges.
So, let’s loook at the next important stage…
How Does Your Attorney Get the Shoplifting Charge Dismissed?
1. Use of Compromise of a Misdemeanor
The most common and successful way to handle this is through a law called Compromise of a Misdemeanor, RCW 10.22.010. The law states that if a store owner has a legal claim against someone who shoplifted, and the shoplifter pays for the damages and gets proof of payment, then a lawyer can try to get the case dismissed. This law applies to more than just shoplifting, but it’s often used in such cases.
For instance, if you’re caught stealing, the store might send you a civil demand letter. This is under a Washington law. They’ll typically ask for a certain amount of money, often more than the value of the stolen items. If you receive such a demand, keep it and discuss it with your lawyer. Paying the store directly without proper documentation doesn’t help in getting shoplifting dismissed in court.
The process to potentially dismiss your case involves taking the civil demand to your lawyer, who then pays the owed amount to the store’s collection agency or law firm. Your lawyer will also try to get a document from the store confirming they’ve been compensated for their losses. This doesn’t automatically clear your criminal case, but there’s a law that allows your lawyer to ask the court to dismiss your case if you have proof that the victim has been compensated. You will need to pay the civil demand, hope your lawyer gets the necessary documents from the store, and have a relatively clean record. If the court agrees, your case can be dismissed, meaning no conviction. If you weren’t fingerprinted or arrested, it might not even appear on your official criminal history. However, private background check companies might still have this information, as they collect and sell data. But a dismissal through compromise means no conviction record for that charge.
2. Negotiate with the Prosecutor
Imagine you’re in a situation where reaching a compromise in court is tough, maybe because of the judge or prosecutor’s views. In such cases, your lawyer might talk to the prosecutor, considering factors like your clean record, immigration status, or personal issues like depression. These factors can show why your actions were out of character. Also, you could do positive things to strengthen your case, like attending a theft awareness class, doing community service, or getting counseling. Many shoplifting incidents aren’t about need or evil intentions, but often stem from depression or anxiety. It’s a way some people unconsciously deal with these feelings. While it’s not an excuse for taking things, it helps explain that the act doesn’t make someone a terrible person. It’s more like a call for help.
Good prosecutors will notice the steps you take after the incident. They understand that a theft conviction can seriously affect your future job prospects and housing. So, if you’re in this situation, don’t lose hope. Instead, see it as a reason to be proactive and work towards the best possible outcome in your case.
3. Dismiss Shoplifting Charge Through Stipulated Order of Continuance
There’s also a third option. Here, a prosecutor can let you off the hook by dropping the case or offer something called a Stipulated Order of Continuance. This is an agreement where if you stay out of trouble and meet certain conditions, they’ll dismiss the case. These aren’t available in every court, but they’re an option where the prosecutor can help resolve your case favorably if negotiated properly.
How Does Shoplifting Affect Your Record?
Shoplifting can affect your record in so many ways, including the following:
A temporary or permanent ban from stores
The store where you shoplift can ban you from entering any of their stores nationwide or to that particular store.
Depending on the value of the item you shoplift and how you make away with it, the ban or suspension can last for a year.
For instance, Walmart in your city can ban you from all branches nationwide. Unfortunately, if you violate the ban, they can have you arrested for trespassing.
Difficulty to get loan approval
If a lender decides to run a criminal background check on you, and discover you have a shoplifting record, they may not think twice before disapproving your request.
Difficulty renting an apartment
You will find it difficult to rent an apartment if you have this criminal record.
Job application or internship problems
Many employers will think it is a bad idea to employ someone with a criminal record. Therefore, you do not want the shoplift charges against you.
Before we conclude this section, note that a shoplifting record affects your ability to get federally subsidized housing. It can also hinder your chances of getting federal financial aid for college.
Can a Shoplifting Charge Be Removed from Your Record?
A shoplifting charge can be removed from your criminal record. Sometimes, it can be too late to withdraw your initial guilty plea for shoplifting, or the store won the case against you.
In this case, you want to have the conviction expunged from your record. Some states reviewed their laws to allow for people to be expunged for stealing. However, you must have a clean criminal record for the last few years, typically 3 years (depending on your state).
In your case, you have to wait for as long as your state specifies to be able to get rid of theft in your criminal record.
You can request to expunge a conviction for shoplifting by filing a petition with the court. Your attorney can also have this done.
You must appear before the judge for your hearing. The appropriate parties must also be informed about the hearing to give them an opportunity to testify against you. They can object to the expungement or removal of your stealing record.
Consult your local attorney to advise you on the steps appropriate in your jurisdiction or state.
If you file an expungement request yourself without an attorney, it can be tough to get rid of it successfully.
The process of removing shoplifting from your record involves paying a filing fee and notifying the proper parties (who can testify against you).
If your request for theft expungement is not successful, you may have to wait for another year to be eligible again. Of course, you will pay the filing fee again which is non-refundable.
Final Thoughts
Some stores where you shoplift will not call the police on you. If you are caught within the store, they will have you pay for the damages known as civil demand or as in your state. Note that it is legal for security guards and employees to detain you after suspecting you of theft. However, if you are detained for too long and not found guilty by a store, they can be charged with false imprisonment. Some stores will not immediately sue you for shoplifting, especially if you have no record of stealing from them. This is because it costs them more money to file a lawsuit in court against you. But they may want to sue you if you are caught with expensive valuables.
Ultimately, you can get a shoplifting charge dismissed but it depends on your age, the value of the item you shoplifted, your past criminal record, the court, and how you escaped the store with the item. Another important factor in your shoplifting case is the attorney you hire. If your attorney is experienced, the chances are that you are winning in court.
