Do shoplifting cases go to trial?
Asked by: Mr. Trenton Schamberger I | Last update: July 18, 2025Score: 4.1/5 (28 votes)
But a trial in any case, whether it is shoplifting or any other type of case, occurs when it is not clear that the State has a case. A trial occurs also when someone feels they have nothing to lose, so they will go to trial. Everybody has a right to a trial.
What to expect when going to court for shoplifting?
You may get a notice to appear for a hearing before a clerk-magistrate and have the opportunity to shape the charge or have it resolved. OR you may get a notice to attend an arraignment where you would be formally accused. These are often handled with a clerk's hearing though it varies based on store policies.
Should you plead guilty for shoplifting?
Do not plead guilty. There are implications beyond a fine if you do. You will have a criminal record that, in the future, could prevent you from obtaining employment or even housing. You do not mention if you have any other criminal convictions which could also influence what could or could not be done.
How long does it take for police to investigate shoplifting?
Most investigations take a few months - that is, generally speaking. If the evidence is particularly strong, police may be ready to make an arrest within days of the initial report coming in.
How often do shoplifters get prosecuted?
Additionally, it's estimated that only 1 in 49 shoplifting incidents results in an arrest, translating to a catch rate of about 2%.
How To Beat A Theft Charge (Shoplifting, Larceny and More)
Do stores actually prosecute shoplifters?
If a store has recorded proof of someone taking an item, has identified them on surveillance video, and has their name, they bring charges weeks, months, and up to three years later for a crime that was previously committed.
What does the judge question when you shoplifted?
These questions will most likely be: What is the value of the item or items you stole? Were you intoxicated when the incident occurred? Are the items you stole related to a substance abuse problem?
Do stores track you down after shoplifting?
Do stores track down shoplifters? Yes, stores often turn over video surveillance data to police authorities; in many cases, products are able to be recovered. However, there is not always criminal apprehension alongside the inventory recovery.
How long does a shoplifting court case take?
Most Shoplifting Cases Are Resolved in Sixty to Ninety Days
That may take a few weeks.
What percentage of shoplifters actually get caught?
Most shoplifters get away with the crime, but many are caught in the act. Barely over half (52%) of shoplifters say they got away with it, with 48% saying they were caught red-handed. Of those caught, 33% were warned, 24% were arrested and 22% were banned from the store.
How do you beat a shoplifting charge?
- Diversion Programs. One common strategy is to enter a diversion program. ...
- Exculpatory Evidence. ...
- Challenge the Evidence. ...
- Lack of Intent. ...
- Mistaken Identity. ...
- Illegal Detention or Search. ...
- Consent to Take Item. ...
- Civil Compromise.
Do stores build a case against shoplifters?
Stores and police departments can and do build up cases against them and make arrests, but it can be a bit of a game of whack-a-mole. Most workers say that even when they catch boosters in the act, they blow right past them, and they're often not allowed to say anything at all for safety reasons.
What are my rights when accused of shoplifting?
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.
Will I go to jail for a first-time misdemeanor?
For many first-time misdemeanor offenses in California, judges will impose probation, community service, fines, or classes instead of jail time. The maximum sentence for misdemeanors is one year in county jail. But incarceration for the full year is rare, especially for minor first offenses.
Should I plead not guilty for shoplifting?
If solid evidence links you to the crime, such as surveillance footage or eyewitness testimony, pleading guilty may be in your best interest. On the other hand, if there are weaknesses in the prosecution's case or doubts about your involvement in the theft, pleading not guilty may be a better option.
What to do after being caught shoplifting?
If you are caught shoplifting, you will be taken to a room and sometimes asked to give a statement. It is never a good idea to speak to loss prevention officers or sign any type of statement. You will not talk your way out of a shoplifting arrest, even by offering to pay for the merchandise.
Will the police come to your house for shoplifting?
In California, if you've been involved in shoplifting but were not formally arrested or charged at the time of the incident, the chances of the police coming to your house later can vary based on several factors.
What happens when you go to court for shoplifting at Walmart?
Criminal penalties: These could range from a misdemeanor for lower-value items to a felony for higher-value merchandise. The penalties might include fines, community service, probation, or even imprisonment.
Does first time shoplifting go on your record?
So, the first thing you're facing as a first time shoplifter is a bad resolution involving lots of probation, lots of community service, a conviction on your record. You're not going to jail, but you're not getting a good job ever again either.
Will police find you if caught shoplifting on camera?
The store can call the police and show him the video and say, "X shoplifted. Please charge X with shoplifting." The officer goes and swears out a warrant that says "there is video evidence that X shoplifted merchandise." The warrant is issued. Any officer can then arrest you based on that warrant.
How often do grocery stores check their cameras?
How often are security cameras checked? Most retail stores review footage every 24-48 hours on average.
Do stores know if you shoplifted?
With more than $70 billion of retail shrinkage attributable to shoplifting and internal theft every year (and with that threat increasing), retailers have begun leveraging new security technologies to identify shoplifters and stop them before they start.
How to beat shoplifting charges?
- The Defendant Did Not Intend to Steal the Merchandise. A strong accusation of shoplifting involves intent. ...
- An Item is Concealed Accidentally. ...
- A Defective Self-Checkout Machine. ...
- Challenging the Evidence. ...
- Demonstrating a Lack of Intent. ...
- Negotiating for Lesser Charges. ...
- Diversion Programs. ...
- Legal Irregularities.
Do police investigate shoplifting?
Routine shoplifting offenses are generally handled by uniformed officers. When professional shoplifters are involved, detectives usually investigate.
Does every shoplifter get caught?
According to the National Association for Shoplifting Prevention, statistics show that shoplifters are caught approximately once in every 49 incidents of theft.