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Attorney Dave Albo is a trusted and experienced Fairfax, VA shoplifting lawyer. In Virginia, the legal term for shoplifting is “Larceny.” To convict a person for the crime of larceny or shoplifting, the prosecutor must prove (1) that the defendant took personal property belonging to another and carried it away; (2) that the taking was against the will and without the consent of the owner; and (3) that the taking was with the intent to steal. Our shoplifting defense lawyer will develop defense strategies against these elements when possible.
Note: Our lawyers practice in Fairfax and all other counties in Virginia. We have offices in Fairfax, Arlington, and Staunton. We reference Fairfax, VA, in this article because it is the largest jurisdiction in Virginia and has the most rigorous procedures. Work done to Fairfax standards meets or exceeds the standards in every other jurisdiction in the Commonwealth, so it is common to use it as a benchmark.
If you have recently been charged with shoplifting, you may be wondering whether to contact Dave Albo Attorney for help resolving the matter. Attorney Dave Albo is a shoplifting lawyer in Fairfax, VA, that you can trust. When someone intentionally removes merchandise from a storefront, they have committed a crime. Shoplifting is a form of larceny that can vary in severity depending on several factors. Facing a theft charge can be a cumbersome process. However, having a clearer understanding of the consequences and knowing how best to move forward can be helpful when facing a shoplifting charge.
While larceny laws can vary depending upon the state you live in, working with a shoplifting lawyer from Fairfax, VA can help to outline the potential consequences you stand to face. Shoplifting from a storefront can take on a variety of forms, such as:
In Virginia, a shoplifting lawyer in Fairfax, VA, can defend against Petit or Grand Larceny charges under Virginia Code § 18.2-95 and 18.2-96, respectively. A Fairfax, VA shoplifting lawyer must also defend clients who are charged under Virginia Code § 18.2-103 – “concealment.” Virginia Code § 18.2-103 sets forth specific types of activities that may occur in a store and constitute shoplifting. Specifically, Virginia Code § 18.2-103 covers instances where a defendant is alleged to have “(i) willfully conceal[ed] or taken[en] possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alter[ed] the price tag or other price marking on such goods or merchandise, or transfer[ed] the goods from one container to another, or (iii) counsel[ed], assist[ed], aid[ed] or abet[ed] another in the performance of any of the above acts.”
The statute goes on to state that “The willful concealment of goods or merchandise of any store or another mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.” A shoplifting lawyer from Fairfax, VA can help you to better understand the meaning of “prima facie evidence.”
Prima facie evidence means there must be sufficient evidence to secure a conviction. It will be up to a shoplifting lawyer in Fairfax, VA, to counter the evidence. When someone is charged with shoplifting under Virginia Code § 18.2-103, the prosecutor may have an easier case. If a prosecutor can show “willful concealment,” he or she may have the ability to establish intent. An attorney will need to work diligently in such a case to protect the client’s interests.
When charged with a crime such as shoplifting, it’s important to work with a shoplifting lawyer for guidance. An attorney can carefully review the prosecutor’s case to ensure that each element of the crime is proven beyond a reasonable doubt. A shoplifting defendant may have inadvertently, and without the intent to steal, taken property from a store. As a result, a lawyer may cast doubt on the owner’s consent. For example, if the defendant was permitted by the store owner to test a pair of sunglasses outside prior to purchasing at the time of the alleged incident. A shoplifting lawyer may challenge whether you should have been charged at all by arguing that you were not in the store at the time of the alleged shoplifting.
Another key issue in shoplifting cases is the value of the property alleged to have been stolen. If the value of the allegedly stolen property was worth $200.00 or more, or the item was a firearm, the shoplifting may be charged as “Grand Larceny.” “Grand Larceny” is a felony punishable by up to 20 years in prison. If the value of the allegedly stolen property was less than $500.00 (Note: on July 1, 2020, a new law raises this threshold to $1000), shoplifting is charged as “Petit Larceny.” “Petit Larceny” is a misdemeanor with a maximum punishment of 12 months in jail and a fine of up to $2,500.00. The stakes are extremely high, and having a shoplifting lawyer in Fairfax, VA, that residents can rely on is very important. Challenging the prosecutor as to the value of the goods at issue alone could make a difference when facing incarceration.
After being arrested and charged, you should be read your Miranda rights, which inform you of your right to have a lawyer. At this time, you can choose to represent yourself, talk to the police without a lawyer, or ask for a private or public lawyer. In general, the best choice will be to retain a Fairfax, VA shoplifting lawyer who can protect and defend your rights to the fullest. If you have not spoken to the police or pleaded guilty, it is advisable to speak with a lawyer before anything else. Call Attorney Dave Albo as soon as possible to discuss your charges.
There are several different types of shoplifting crimes. Depending on the charges, you might face a misdemeanor or a felony. Both carry consequences, but the latter can include penalties that could change your life forever. It is a smart choice to seek legal counsel to fight for your rights and help you avoid harsher punishments.
A shoplifting charge certainly calls for the help of a shoplifting lawyer from Fairfax, VA. You will want to make sure that you do not make any missteps that could be potentially damaging to your case. Here are some tips to ensure that the legal process is as seamless as possible:
Managing a shoplifting case is a sobering process. This type of charge is best handled with Dave Albo Attorney, a Fairfax, VA shoplifting lawyer. If you find that you have been charged with larceny, contact a shoplifting lawyer from Fairfax, VA as soon as possible. This will be key to ensuring that an experienced attorney builds a strong legal defense for your case. Shoplifting in Virginia is a serious charge. If you are charged with shoplifting, it is important to have a Fairfax, VA shoplifting lawyer on your side to protect your interests. Learn more about Theft Criminal Defense Cases and how Dave Albo Attorney will strive to represent you.
Have you been accused of shoplifting? Attorney Dave Albo may be able to help you to get your charges reduced or dropped. To learn how our Fairfax, VA shoplifting lawyer can be your legal advocate, give us a call today.
Being arrested for shoplifting can be devastating and cause you to feel an immense number of emotions, ranging from anger, confusion, sadness, and regret. You may be unfamiliar with the legal system or have concerns about your rights. In the back of your mind, you might know that if you’re convicted, you could lose your freedom, family, or job.
If you are found guilty of shoplifting in Virginia, you could face penalties such as the following:
In addition to these penalties, collateral consequences may result:
Without a Fairfax, VA shoplifting lawyer on your side, there is a good chance of suffering the harshest consequences if you are found guilty. By retaining a lawyer, even with his or her legal fees, you could save money in the long run. You may also benefit from things like:
A shoplifting charge is a serious offense in Virginia. Often, there are weak points in a prosecutor’s case or factors that could be of benefit to your defense. Whether your actions were an innocent mistake, a misunderstanding, an accident, or simply untrue, we are ready to fight for your rights and get you the best results possible.
To meet with a shoplifting lawyer in Fairfax, VA, clients recommend Dave Albo Attorney. Call our office today.
The crime of “shoplifting” in Virginia is technically called “larceny.” There are two main classes of larceny – “grand” and “petit.” The only difference between the two is the amount of money alleged to be stolen. If the stolen property is worth $500 (on July 1, 2020 a new law in Virginia raises this threshold to $1000) or more, the crime is Grand Larceny, a felony. If the value is less than this, the crime is Petit Larceny, a misdemeanor. The maximum punishment for Grand Larceny is – you’d better sit down – 20 years in prison. There is no mandatory minimum sentence. The maximum punishment for Petit Larceny is a one-year sentence and a $2,500 fine. Although Virginia calls “shoplifting” “larceny,” this article will use the more colloquial term “shoplifting.”
Here are some common myths about shoplifting from a shoplifting lawyer, Fairfax, VA:
MYTH ONE: Shoplifting is not that big of a deal.
While it is true that few people convicted of shoplifting get much (if any) jail time, some do. Some judges will routinely impose a short jail sentence to reinforce the seriousness of the crime. Most don’t. In fact, the Virginia Sentencing Guidelines recommend probation-only for a single count of Grand Larceny committed by one with no prior criminal record. However, the Guidelines don’t distinguish cases based on the value of the item stolen. So, under the Guidelines, the recommended punishment would be the same if someone stole a $201 ($1000 after July 1, 2020) pair of jeans or a $1,000,000 piece of jewelry. Unsurprisingly, many judges do make a distinction.
Jail is not the only consideration, though. Any shoplifting lawyer will point to collateral consequences of a shoplifting conviction. These include:
MYTH TWO: If caught in the act of shoplifting, there is no way to avoid a conviction.
There are many defenses to larceny, and a shoplifting lawyer will explore them with clients. As a factual matter, the prosecutor must prove that one stole property, with the intent to steal it, and that the item had value. Prosecutors sometimes have difficulty proving value. While intent can be inferred by one’s actions, sometimes it requires speculation too far for a judge to permit.
Even if there are no defenses, there are alternatives to a conviction.
In general, shoplifting is considered a form of petty theft and involves taking merchandise valued at less than a certain amount. An alleged shoplifter does not necessarily have to leave the store to be charged with the crime. Rather, the defendant could exhibit the slightest movement consistent with the intention to shoplift. An example of this may be hiding the item within another item or placing it inside a pocket. It should be noted that absentmindedly placing an item over another might not constitute theft. Because this area is relatively broad, it is recommended to have a shoplifting lawyer in Fairfax, VA, review your case. Even if a shoplifter offers to pay for the item after being apprehended, he or she can still be charged. Examples of shoplifting include:
As your shoplifting lawyer in Fairfax, Virginia, we will examine the evidence against you and let you know what you might expect.
“Larceny” is the crime of stealing, theft, or shoplifting. It differs from robbery because no force is used. To convict, the prosecutor must prove (1) that the defendant took personal property belonging to another and carried it away; (2) that the taking was against the will and without the consent of the owner; and (3) that the taking was with the intent to steal.
If the value of the allegedly stolen property was worth $500 or more (Note: on July 1, 2020, the law changed to $1000 or more), or the item was a firearm, the crime is considered grand larceny, which is a felony, carrying a maximum punishment of 20 years in prison and no mandatory minimum punishment. Otherwise, the crime is petit larceny, a misdemeanor with a maximum punishment of up to 12 months in jail and a fine of up to $2,500.
A shoplifting lawyer Fairfax, VA families trust frequently receives phone calls from people who have been caught shoplifting but believe they should not be charged because they:
None of these factors matters and will not hold up in court. Unfortunately, if many offenders had known this, especially the youth, they might not have shoplifted in the first place. As a shoplifting lawyer in Fairfax, VA, we will do whatever is legally possible to build a defense on your behalf. It will be our objective to:
If you are a repeat offender, you may be charged with a felony known as a petty offense with a prior. These charges could result in prison time, large fines, and a felony conviction on your record. In this instance, it is prudent to seek advice from a shoplifting lawyer, Dave Albo.
Attorney Dave Albo can tell you how criminal cases can be resolved out of court when both sides reach an agreement. To save the courts from a long, drawn-out, time-consuming trial, to reduce the cost to the defendant, and to lessen the crime and/or sentence that one is charged with, a defendant may want to enter into a plea bargain.
A plea bargain is an agreement between the defense and prosecution. A defendant may plead guilty to a lesser charge and possibly have other charges connected to the crime reduced or even dismissed. It can also involve a guilty plea, with the prosecution recommending lighter sentencing. Most choose the “plea bargain” option because of the following:
Dave Albo – Attorney is a firm well-versed in helping clients understand plea bargains and navigate the criminal defense process. When you need the representation of a shoplifting lawyer, don’t hesitate to get in touch with our firm. To schedule your initial consultation, call Dave Albo – Attorney at (703) 455-0046.
Your shoplifting lawyer can tell you that there are always risks to consider when going to trial for a criminal charge. One is that you never know what the outcome will be; accepting a plea deal gives the defendant a clear idea of what lies ahead. Charge bargaining is the most common type of plea deal. This is where the prosecution and defense negotiate a lesser charge for the defendant. When a charge bargain is brought before the state, in all likelihood, the state will reduce or even dismiss other charges that have been brought against the defendant. For instance, charges for murder might be reduced to manslaughter, and charges for burglary may be reduced to trespassing.
Aside from taking a plea deal when a lesser crime has occurred, an experienced shoplifting lawyer in Fairfax, VA, can recommend other alternatives that some opt to use. In some states, there are various diversion programs for defendants, such as counseling or participation in a rehabilitation program. To qualify, the defendant cannot have any prior offenses. Typical offenses that use the court diversion:
There are several reasons that a defendant will choose a plea bargain or court diversion. As mentioned before, the court process can be expensive, lengthy, and possibly become public as well as the uncertainty of the outcome. It is highly recommended that the defendant consult with a shoplifting lawyer in Fairfax, VA, whom residents know well when negotiating a plea bargain or entering into a court diversion program.
When you need the assistance of a criminal defense attorney, you deserve someone who will be committed to your case and to securing the best possible outcome for you. At Dave Albo – Attorney, we put our clients first and are serious about seeking justice for them, and do our utmost to reduce their charges or negotiate for them.
To schedule your consultation with a shoplifting lawyer Fairfax, VA, trusts, call Dave Albo – Attorney at (703) 455-0046.
For anyone who is currently undergoing a trial regarding being accused of a theft crime, consider calling a defense lawyer from Dave Albo – Attorney to represent you in court. We have sought to safeguard citizens’ rights for more than 30 years and have likely won many theft cases similar to yours. There are two categories of theft, and after consulting with our clients, we can determine which category their case falls under.
Grand Theft – Property or services stolen that are valued over a certain amount of money.
Petty Theft – Stolen objects in which the value is of a lesser scale than grand theft.
By hiring a Fairfax attorney from Dave Albo – Attorney, we can ensure you understand how your case will be defined and treated in the court of law. Depending on what you are being accused of and how much that adds up in value, you could face a misdemeanor or felony charge.
Variables that can determine your verdict include any past history of criminal behavior and the details surrounding what exactly happened. If you are accused of grand theft, there may be alternatives to serving jail time in Fairfax. They are listed as follows:
Attorney Dave Albo can scrutinize all the evidence regarding what led to your theft accusation. It is possible that personnel in loss prevention were too aggressive, leading to a misunderstanding between this employee and the accused. What could have been discussed as a simple mistake is now being misconstrued, causing you suffering.
Sometimes stores may use significant illegal tactics when arresting people for theft, and if you choose a shoplifting attorney from Dave Albo – Attorney, we can navigate these tactics to defend you. An attorney’s experience and knowledge can greatly increase your chances of having a charge rescinded.
Having a shoplifting lawyer Fairfax VA locals turn to from Dave Albo – Attorney, alongside you throughout this process, can allow us to utilize all aggressive strategies to ensure you walk away innocent. The last thing we want is for your entire life and what you created to be destroyed because of a theft charge. We understand that not only your life may change, but also the loved ones closest to you. Theft arrests may result in an extensive list of charges. We can work diligently to prevent any financial fees being levied against you, jail time, and/or the establishment of a criminal record.
Please contact us today to discuss your situation with one of our shoplifting attorneys at Dave Albo – Attorney. Call a shoplifting lawyer Fairfax, VA, clients recommend today at (703) 867-8756 for a free consultation. Do not hesitate to reach out; the longer you wait for representation, the more likely you are to not get the best possible verdict. We hope to speak with you today about the specifics of your theft case.
