Shoplifting, which is also referred to under Virginia law as concealment, involves the concealing or the taking of goods belonging to a merchant and either leaving the store with them or hiding them with the intent to permanently deprive the store keeper of those goods.
In Dumfries, VA, a shoplifting lawyer is capable of building a defense for this type of offense regardless of the level of severity. If the stolen amount is less than $200, then it will be considered as a misdemeanor. Anything about that said amount will qualify the offense as a felony.
Shoplifting is different than larceny in the sense that it is a specific kind of larceny. It is a larceny that involves stealing from a store. However, under the Virginia code, it is punished the same way larceny is, so in that sense it is similar.
If a person is convicted of shoplifting in Dumfries, they face active jail time in many cases, even on a first offense. Fines, as well as restitution, if the items which were stolen were not resalable will be instated. Consequences that extend beyond the reach of courtroom exist as well, which can include negative effects on a convicted individual’s employment or prospects for employment in the future. A shoplifting attorney in Dumfries can assist in protecting your rights and maintaining your future prospects.
In Dumfries, any kind of case where someone is a repeat offender, there is always a risk of enhanced punishment. Most courts and judges believe in what is sometimes referred to as graduated penalties.
This is an implication of the law that makes it so that the more times a person offends the greater the penalties become. Anytime a person is charged with a second offense, they are, in general, looking at significantly harsher penalties upon conviction than they would be in the first charge setting. Having a Dumfries shoplifting lawyer to build a defense in either of these cases is the best option when it comes to protecting the liberties of an individual.
Strategies for attornies defending shoplifting cases in Dumfries include making sure the government has all of the evidence it needs to prove its case beyond a reasonable doubt. A lawyer is there to make sure that the constitutional rights of their client were not violated in the sense that there was an illegal search or an illegal seizure of the person or even statements made without proper Miranda warnings.
In addition, in many cases, there is mitigation that a lawyer will encourage their client to do and help them plan in advance of court, which may soften the impact of any conviction that may occur.
As mentioned previously, the prosecution in Dumfries will have to prove that an individual concealed the goods on their person or carried them out of the store. They have to show as well that it happened under circumstances with intent to permanently deprive the owner of those things.
In addition, the prosecution will have to prove the value of the goods. This can be done by using video surveillance footage, testimonies from a witness, and by various other methods.
Shoplifting is considered to be larceny in Dumfries and in the state of Virginia. Larceny charges are considered to be moral turpitude crimes, which is an offense that involves lying, cheating, or stealing. These are the kinds of offenses that could have very far reaching impact in an individual’s life. This can include previously mentioned possibilities and also the inability to be accepted into a school or other educational programs.
Even if someone is facing a charge that is petty larceny, there are still very high stakes. For this reason, the person should treat it as a very serious thing that it is by involving a Dumfries Shoplifting lawyer to assist them with their case.
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