A Shoplifting Lawyer Fairfax, Va Explains Virginia Criminal Law
Dave Albo Attorney is a shoplifting lawyer Fairfax, VA trusts. 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. A shoplifting lawyer Fairfax, VA relies on 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 with the most rigid 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.
Choose Dave Albo Attorney to Help Manage Your Shoplifting Case
If you have recently been charged with shoplifting, chances are you are wondering whether to contact Dave Albo Attorney for help in resolving the matter at hand. Dave Albo Attorney 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 upon a number of 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, 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:
- Taking items without paying for them
- Switching out price tags
- Consuming a product in a store and failing to pay for it
- Returning items that have been worn or used
In Virginia, a shoplifting lawyer in Fairfax, VA can look to defend shoplifting charges of Petit or Grand Larceny under Virginia Codes § 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 might occur in a store that can be charged as 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 enough 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. A Fairfax, VA shoplifting lawyer with experience, will need to work diligently in such a case to protect the client’s interest.
When charged with a crime such as shoplifting, it’s important to work with a shoplifting lawyer from Fairfax, VA for guidance. A Fairfax, VA shoplifting lawyer 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 raise doubt as to 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 overall value of the property that is 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, with a maximum punishment of 20 years in prison. If the value of the allegedly stolen property was worth less than $500.00 (Note: on July 1, 2020 a new law goes into effect raising 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, because of this, 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.
Tips for Managing Your Case
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:
- Do not run from store security. If you are detained for shoplifting in a store, it’s important that you cooperate. Making attempts to get away could only further incriminate you. In some cases, if you have been detained illegally, a Fairfax, VA shoplifting lawyer may be able to use this to your advantage in the courtroom.
- Make sure that you have the representation of a lawyer before speaking with law enforcement. The presence of a lawyer can ensure that you do not do, or say anything that could be potentially damaging to your case.
- Refrain from discussing your legal case with anyone other than your lawyer. Keep in mind that anything you do or say could be used against you.
- Be proactive. Do not wait to take action. The earlier you are able to contact a lawyer, the better chance you have of protecting yourself.
- Work with a shoplifting lawyer in Fairfax, VA so that you can be fully aware of your legal rights and the process that lies ahead.
Managing a shoplifting case is a sobering process. This type of charge is best managed when working 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 attorney with experience is building 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.
A Fairfax VA Shoplifting Lawyer You Can Rely On
Have you been accused of shoplifting? Dave Albo Attorney may be able to help you to get your charges reduced or dropped. To learn how a shoplifting lawyer in Fairfax VA 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.
Immediately Following a Shoplifting Arrest
After being arrested and charged, you should be read your Miranda rights which informs 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 plead guilty, it is advisable to speak with a lawyer before anything else. Call [Dave Albo Attorney as soon as possible to discuss your charges.
Types of Shoplifting Crimes
There are several different types of shoplifting crimes. Depending on the charges, you might face a misdemeanor or 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 to avoid some of the harsher punishments.
Consequences for Shoplifting Crimes
If you are found guilty of shoplifting in Virginia, you could face penalties such as the following:
- Jail or prison time
- Restitution, fines, and court fees
- Community service
- A permanent criminal record
In addition to these penalties, collateral consequences may result:
- Loss of a professional license
- Difficulty to obtain employment
- Inability to rent an apartment or house
- Disentitlement to certain state and federal benefits
- Child custody problems
- Inability to travel to certain countries
- Negative reputation among family, friends, and the community
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 lawyer knows the legal environment and the latest laws
- You’ll be properly informed about your rights, charges, and potential consequences
- Paperwork can be correctly taken care of so that there are no mistakes or delays
- You reduce your risk of being taken advantage of
- A property crimes lawyer will have your back
- You can receive technical and emotional support
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 Fairfax, VA clients recommend from Dave Albo Attorney, call our office today.