What To Do When Accused

Been accused of shoplifting:

The owner of the store does have the right to keep you there and they can and most likely will keep you there whether you are guilty or not. Normally they will take you to a back area of the store and keep you there for a short period of time.

One of the tactics owners and loss prevention try is to ask you where the merchandise is. They may also try questioning you with or without the police. They may ask where the original tags are if you are accused of changing tags to reflect a discounted price.

They will most likely try to search your purse or your clothing. You should not consent to the search of your property.

They may or may not call the police depending on the price of the item’s value.

If the police are called there is a good chance that the store will issue a no trespass against you. This means that you can no longer visit that store unless the store lifts the no trespass order against you.  If you return to the store it could end up in criminal charges against you for violating the request to not trespass.

 

If you are caught and not sure what to do:

While detained you will be questioned.

You do have a right not to answer.

You could say a polite answer such as: “I am invoking my right to remain silent and I do not consent to a search of any kind. I would like an attorney present with me for questioning.”

This is where having a good criminal defense attorney becomes important and recommended.

If the police do arrive and decide to arrest you an attorney may be able to help you fight the case of offer advise

It is important to understand that most shoplifting cases will go through the city where the store was located and be serviced and sentenced in that city. However, if there are several theft cases it may be enhanced to a felony status and be held in the district court.

Three things to do if you are accused or caught

  1. Remain Silent
  2. Do not consent to a search of any king
  3. Ask for an attorney to be present.

Possible Punishment may be:

Click Here for : Utah Code Ann. § 76-6-404

Theft of property and services as provided in this chapter is punishable:

(a) as a second degree felony if the:

(i) value of the property or services is or exceeds $5,000;

property stolen is a firearm or an operable motor vehicle;

(iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601, at the time of the theft; or(iv) property is stolen from the person of another;
(b) as a third degree felony if:(i) the value of the property or services is or exceeds $1,500 but is less than $5,000;(ii) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based and at least one of those convictions is for a class A misdemeanor:

(A) any theft, any robbery, or any burglary with intent to commit theft;

(B) any offense under Title 76, Chapter 6, Part 5, Fraud; or

(C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);

(iii) in a case not amounting to a second degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes; or

(iv)
(A) the value of property or services is or exceeds $500 but is less than $1,500;

(B) the theft occurs on a property where the offender has committed any theft within the past five years; and

(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Section 78B-3-108;

(v) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based and the value of the property stolen is or exceeds $500 but is less than $1,500; or

(vi) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C);

(c) as a class A misdemeanor if:

(i) the value of the property stolen is or exceeds $500 but is less than $1,500;

(ii) (A) the value of property or services is less than $500;

(B) the theft occurs on a property where the offender has committed any theft within the past five years; and

(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Section 78B-3-108; or

(iii) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based; or

(d) as a class B misdemeanor if the value of the property stolen is less than $500 and the theft is not an offense under Subsection (1)(c).

(2) Any individual who violates Subsection 76-6-408(1) or Section 76-6-413, or commits theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.

You need to be aware that these charges could have a negative effect on your life including losing your job, certifications, licenses issued by state and federal governments. You may be prohibited from employment in dealing with any financial funding such as banks, loaning agencies and securities.

If you have been accused of theft, shop lifting , retail theft , theft by deception , fraud , forgery  , car theft, insurance fraud, identity theft , identity fraud  in Utah, you may want to speak with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden

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