A theft conviction can have a serious negative impact on your future ability to obtain employment or even rent an apartment. Shoplifting is theft. As an example, Walmart Inc. aggressively prosecutes shoplifting and employee theft and its loss prevention officers are in the Wicomico County District Court every day to testify against shoplifters. With the advent of self-checkout, the number of Walmart theft prosecutions has increased dramatically. Whether Walmart or another retailer, the state's attorney offices of Wicomico and Worcester counties will prosecute and seek convictions in shoplifting cases.
At MacDonald Law Office, LLC, our criminal defense lawyers have successfully defended many accused shoplifters in Wicomico and Worcester counties and across Salisbury and Ocean City.
Shoplifting in Maryland is classified under theft laws and includes various actions related to taking merchandise from a store or retail establishment. Maryland law treats shoplifting as a form of theft, and the penalties depend on the value of the stolen goods, prior criminal history, and other factors.
The key legal elements of shoplifting in Maryland typically involve:
Taking merchandise without paying: This includes stealing goods or attempting to steal goods from a retail store.
Intention to permanently deprive the store of the goods: The prosecution must show that you had the intent to steal, and it was not an accidental or unintentional act.
Possession of stolen merchandise: In some cases, being caught with stolen goods can be enough to charge someone with shoplifting, even if there is no direct evidence of taking the merchandise.
In Maryland, the severity of the crime and its corresponding penalties depend on the value of the stolen merchandise. The law distinguishes between misdemeanor theft (for items valued under $1,500) and felony theft (for items valued over $1,500).
Penalties for Shoplifting in Maryland
The penalties for shoplifting in Maryland depend on the value of the stolen goods and whether you have prior convictions for theft-related offenses. The potential consequences of a conviction include fines, restitution, and imprisonment, along with a permanent criminal record that could impact your life.
Theft Under $1,500 (Misdemeanor Theft):
If the value of the stolen property is less than $1,500, the offense is classified as misdemeanor theft. Penalties may include up to 90 days in jail and a fine of up to $500 for a first offense. For subsequent offenses, penalties can be harsher.
Theft Over $1,500 (Felony Theft):
If the stolen merchandise exceeds $1,500 in value, the offense is considered felony theft. The penalties for felony theft can include imprisonment for up to 15 years and fines up to $25,000. This is a much more severe charge and can lead to long-term consequences.
In addition to criminal penalties, a person convicted of shoplifting may be required to pay restitution to the victim (the store or retailer) for the value of the stolen goods. In some cases, the court may offer probation or other forms of alternative sentencing, especially for first-time offenders. Probation could include community service, mandatory counseling, and periodic check-ins with a probation officer.
Facing shoplifting charges is a serious matter, but it’s important to remember that you have rights. With the help of a skilled Salisbury shoplifting attorney, you can build a strong defense and fight the charges against you.
Salisbury Shoplifting Defense: Protecting Your Future
Many Salisbury University and UMES students are caught in this pursuit of theft prosecutions. In addition to increasing the temptation for intentional theft, self-checkout opens the door for shoppers to make honest mistakes during the check-out process that can result in a theft prosecution.
Of course, there are surveillance cameras focused on the self-checkout lines that are constantly recording. Walmart loss-prevention officers are now going back and watching old video recordings from the self-checkout lanes, identifying suspected theft after the fact, and instituting theft prosecutions based on identifications made solely using the video.
These prosecutions are attempted even when the suspect is not apprehended in the store at the time of the alleged theft. Some innocent people who made an honest mistake or who were wrongly identified are being rounded up in the Walmart theft dragnet. These types of shoplifting prosecutions have several weaknesses that a good Salisbury shoplifting attorney can utilize to defend against a theft conviction. Walmart may not be able to authenticate the video or register receipts. The video can be of poor quality, leaving a reasonable doubt as to the identification of the suspect.
Understanding the Impact of a Shoplifting Conviction
A shoplifting conviction can have far-reaching consequences, even if it is a misdemeanor charge. The criminal penalties, including jail time and fines, are only part of the story.
A conviction can affect various aspects of your life:
Employment Opportunities: Many employers conduct background checks as part of the hiring process. A shoplifting conviction can appear on your record and may make it more difficult to secure employment, especially in positions involving cash handling, retail, or customer service.
Immigration Consequences: For non-citizens, a shoplifting conviction could have serious immigration consequences, potentially leading to deportation or denial of citizenship applications. If you are facing shoplifting charges and are not a U.S. citizen, it's important to seek legal counsel immediately.
Education and Housing: A shoplifting conviction could also impact your ability to secure financial aid for college or rent housing, as landlords and educational institutions may review your criminal background as part of their application process.
Personal Reputation: A criminal conviction for shoplifting can damage your personal reputation, affecting your relationships and standing within your community.
Why Hire a Salisbury Shoplifting Attorney?
When facing a shoplifting charge, hiring a Salisbury shoplifting attorney is crucial. A knowledgeable attorney can:
Review the evidence to identify weaknesses in the prosecution’s case.
Advise you on the best defense strategies, including negotiating for reduced charges or alternative sentencing options.
Represent you in court and help you understand the legal process, ensuring that your rights are protected throughout.
Work to secure a favorable outcome, such as reduced charges, alternative sentencing, or even a dismissal of charges when appropriate.
Even if the evidence against you seems strong, a skilled attorney can use legal strategies to protect your interests and minimize the impact of the charge. In some cases, a legal challenge to the arrest or an argument about the lack of evidence can lead to the charges being dismissed altogether.
Get Legal Help for Shoplifting Charges in Ocean City
If you are accused of retail theft in Salisbury, Ocean City, or Snow Hill, Maryland, call the MacDonald Law Office, LLC, now and schedule a free consultation. Our attorneys will review your case and evaluate your defenses to this serious criminal charge.
