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BELLEVUE SHOPLIFTING ATTORNEYS
Shoplifting, to no surprise, is a VERY commonly filed criminal charge here in Bellevue and throughout King County. This class of crime is embarrassing, confusing, overwhelming, and very misunderstood. Shoplifting itself is not a crime.
Instead, shoplifting is a version of theft based on the type of property, and the circumstances surrounding the incident. In other words, the Defendant must have attempted to take a product, good, or service from a retailer, mercantile establishment, restaurant, or hotel/motel. And, there are three different levels of theft, First Degree and Second Degree theft are felonies, while Theft in the Third Degree is a gross misdemeanor.
Then the question goes to the value of whatever was taken. Please see our theft page for a detailed explanation of this offense. Without discussing the different levels of theft, conveniently, "theft" is actually defined by statute giving courts clear direction in how to apply the facts of your case to the statute itself, RCW 9A.56.020.
The statute defines theft as:
1. To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services;
2. By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services;
3. To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.
Many people suspected of shoplifting claim that they put the merchandise back, or it was in the cart incorrectly, or that they did not leave the store with the merchandise in question. Unfortunately, that may not be enough. If you read the statute carefully, you will see that you don't actually need to take and keep the property in question.
The real issue is what the person intended when they acquired the property in question. That means if you intended to keep the property for yourself at the time you took it, you noticed loss prevention, and then you placed the merchandise back, the fact that you are no longer in possession of the merchandise is irrelevant.
The generic "shoplifting" liability statute, RCW 4.24.230, allows retail owners, mercantile establishments, restaurants, and hotel/motel owners to recover damages for the value of the property misappropriated. These owners can collect ALL of the following:
1. Actual damages: for example, if something was broken during the incident
2. A penalty for the amount of the retail value of the good, product, or service not to exceed $2,850.00;
3. Additional penalty of $300–$650
4. Reasonable attorney's fees and court costs pursuing the claim
This is why it is so critical to contact an experienced attorney that can position your case in the most favorable way possible. A conviction for a shoplifting (theft) charge in Skagit can have very serious consequences outcomes. This is because you will not only be charged in the theft depending on the nature and value of the property, but Washington law also provides for compensation to the retail owners.
Regardless of where it occurred or how, if you have been charged with this crime you should consult with a Skagit criminal lawyer as soon as possible to find out how our team of professionals can help.
Ideally in any case your criminal defense attorney would be able to get the charges completely dropped. While that is always the goal, it is not always possible. You can, however, trust that we will do everything legally possible to either eliminate or minimize the consequence to you.
Not surprisingly, many people are shocked, overwhelmed, and confused not only by the arrest itself, but the statutory scheme we have here in Washington State. The attorneys at Washington Criminal Attorneys, understand how unfair this can feel. We understand the emotions that run through our client's minds when they are arrested. Most of our clients are not career criminals.
They are simply people that might have made a poor decision, and as the old adage goes, "bad things happen to good people." It is our job to tell your story, to position you the right way in front of both the prosecutor and the court, to make sure we are available when you need us, and to offer our guidance throughout this confusing and overwhelming process.
Most of our clients do not understand what they can and cannot do when loss prevention officers and police are called and they start asking questions. Most understandably, and unfortunately make the mistake of cooperating with whatever the police officer asks them to do. Or, even worse, some believe that explaining their intentions or circumstances will somehow lead loss prevention and the police exerting some leniency in whether to arrest you.
At Washington Criminal Attorneys, we understand that this is not your fault! We've all been taught since a very young age to respect authority, and when authority figures ask you to do something, you do it. Period.
But, most people do not understand that cooperating with loss prevention/police only gives them more information to work with, and ultimately to arrest you. Getting arrested is an overwhelming experience. There are often multiple police officers, and allegations of surveillance video that will prove the truth contrary to what you're telling them.
The officers usually start by asking very general, broad questions, and then starts getting more and more specific. In these types of situations, most people make the mistake of thinking that if only the police officer understood what lead to the conduct they are alleging, that would somehow convince the officer to let them leave.
The sad truth is that once the police are dispatched, the overwhelming odds are that someone is getting arrested--and that's YOU!
That does not mean you cannot defend yourself, or that the case is over!
We will look for any violation of your rights or grounds for challenging your arrest. We will look to see whether loss prevention identified the wrong person, whether any audio/video surveillance exists, whether loss prevention/police had any basis to come to contact you in the first place. We will look through your transaction history if possible, and compare that to the merchandise in question.
We will verify the existence of any 911 calls, and pour through your arrest report for any inconsistencies, or exonerating information. In short, we will not rest until every last piece of evidence is scrutinized on multiple levels, and every possible outcome is investigated.
You deserve the best, and that is exactly what you receive when you hire Washington Criminal Attorneys. There are many, many, creative ways to attack these cases.
If any of this sounds like it happened to you, call us immediately. Now that you have been criminally charged, a million thoughts are running through your mind. What happens next? How will I get to work? Will I lose my job? Will I be prevented from advancing my career? Can I relocate? Am I on probation right now? Can I still go home? Can I see my children? Where am I supposed to live now? When you call our offices, you will speak to one of our experienced criminal defense attorneys, and we will take the time to go through all of your questions in detail.
The initial consultation is free, and we will take the time to learn about your specific case, and give you our honest assessment of where your case stands. Remember, NEVER speak to the police, detectives, or anyone from the prosecutor's office without an attorney. They have one job, and that is to make sure you are convicted. If you are reading this page you have been charged with a criminal offense. It is now them against you. With something as important as your freedom at stake, don't make the mistake of handling your criminal charge alone.
Washington Criminal Attorneys will be there for you in your greatest time of need, and will be with you every step of the climb from your first court appearances until your last.
