The efforts of retailers to stop and prevent shoplifting have increased in recent years thanks to developments in technology. Shoplifting, or retail theft, is a serious criminal matter that can become complicated without legal help.
Shoplifting refers to walking out of a store with unpurchased merchandise, but similar crimes may include changing a price. Even concealing store property without leaving the premises can be a crime in North Carolina. This crime, along with other types of fraud, costs the retail industry nearly $50 billion each year, meaning that these businesses will be looking to recoup as many costs as possible.
If you have recently been charged with shoplifting or believe that you may be in the future, this guide will help answer some of your questions.
Do Challenge Illegal Detention in Court
If you believe that you are being detained illegally, bring this up to your lawyer. In order to hold you, security guards must have probable cause against you. The meaning of probable cause differs from state to state. In North Carolina, guards can detain you if they see you conceal merchandise.
Do Learn About Local Shoplifting Laws
Shoplifting laws vary from region to region. North Carolina has specific laws related to shoplifting, which is officially referred to as larceny of goods. The severity of the consequences will depend on the value of the goods deemed stolen.
Generally, North Carolina law considers shoplifting to be a misdemeanor. An exception is made for cases in which the value of stolen goods is at least $1,000. Additionally, theft of a firearm and tampering with anti-theft devices are also felonies. Additional crimes associated with larceny of goods may include trying to sell the items later.
You are also committing a crime in North Carolina if you conceal merchandise while still on the premises. Penalties for concealment of merchandise are typically less severe than for shoplifting.
Do Not Make a Statement to Police or Security
Security guards who are not police officers may record your statements to be used as evidence later. Additionally, your comments made inside the store or an office could be saved for later via recording devices.
No matter how much you want to express your innocence or claim that something is a mistake, avoid speaking to security guards or the police beyond what is necessary. Many people end up talking themselves into a guilty-looking position.
Do Hire a Criminal Defense Lawyer
An experienced criminal defense lawyer can help you fight back against shoplifting charges. Conviction of shoplifting has serious consequences that can follow you the rest of your life, preventing you from landing new jobs or being accepted into school.
You should especially consider hiring an attorney if you are charged with shoplifting from your workplace, as this could prevent you from working in a retail capacity again in the future.
North Carolina considers shoplifting to be a criminal offense that could land you jail time, but it also has civil consequences. A business can choose to sue you to recoup the costs of the items stolen. Penalties tend to increase as convictions accumulate.
You can work on your defense for court with a criminal defense lawyer. This might include defending your actions as a mistake or discussing that there is no evidence that you were shoplifting. Additionally, some lawyers will acknowledge that you stole items if you confess but will fight against high values of stolen goods, often related to inflation.