Shoplifting Defense Attorney
Cottonwood Heights and Holladay Justice Court
Retail
theft is a criminal offense that can carry serious consequences
including jail time and substantial financial penalties. If you are
facing prosecution for shoplifting in the
Holladay Justice Court, the
assistance of an
experienced criminal attorney can be critical. Serving clients throughout Utah,
criminal defense attorney
Stephen Howard provides
legal services to clients facing charges from Cottonwood Heights and
Holladay in the Holladay Justice Court. He has successfully protected
his clients' rights in thousands of
serious
felony and
misdemeanor cases.
Contact us today to arrange for
an initial confidential attorney consultation.
Penalties for Retail Theft - Holladay Justice Court
The severity of a criminal charge for shoplifting in the Holladay
Justice Court can depend on
the value of the merchandise involved. Values of less than $500 will
result in a class B misdemeanor charge, punishable by up to 180 days in
jail and a fine (including surcharge) of up to $1,900.
Values of $500 or more can result in class A misdemeanor or felony
charges. Because retail theft is considered an "enhanceable" offense, a
felony charge can be filed even for values under $500 if the defendant
has been twice before convicted of a theft-related offense.
The
jurisdiction of the
Holladay Justice Court is limited to class B misdemeanor charges and
lower. Retail theft charges at the class A misdemeanor or felony level
that occur within the borders of Holladay must be filed in the district
court.
In
addition to penalties imposed by the Holladay Justice Court in the
criminal case, a person who commits retail theft may also face civil
liability for treble damages, court costs, and attorney fees.
Holladay Shoplifting Charges - Elements

Shoplifting
laws in Utah provide several variations under which a person can be
convicted of the crime of retail theft. Most retail theft charges in
the Holladay Justice Court will involve allegations that the defendant
took merchandise or property that was "displayed, held, stored, or
offered for sale in a retail mercantile establishment" and that the
defendant acted with the "intention of depriving the merchant
permanently of the possession, use,
or benefit of such merchandise without paying the retail value of" that
merchandise.
Utah's retail theft statute also prohibits removal by a customer of a
shopping cart from the store premises (leaving the store's parking lot
with the shopping cart). Clerks or cashiers who intentionally
under-ring merchandise for a customer can also be charged with retail
theft. Utah's shoplifting laws also prohibit switching price tags to
obtain a lower price.
Your Rights if You are Arrested for Shoplifting
Utah law provides that "any merchant who has probable cause to believe
that
a person has committed retail theft may detain such person, on or off
the premises of a retail mercantile establishment, in a reasonable
manner and for a reasonable length of time. . . ." In many cases, store
security will detain a suspected shoplifter until police arrive.
Whether you are detained by store security or by police, you have a
Fifth Amendment right to remain silent. It is generally advisable to
refuse to answer any questions without your attorney being present. You
are under no legal obligation to explain your actions or make any
statement, either to store employees or to police.
If store security or other employees attempt to detain you, pushing,
hitting, or otherwise using force to try to avoid being detained can
lead to much more serious charges. In addition to a potential criminal
charge of
assault, a charge of
robbery could be filed instead of
shoplifting.
Utah law governing robbery includes the use of force in committing,
attempting to commit, or fleeing following the commission of any theft.
Pushing or hitting a store employee while trying to avoid being
detained for shoplifting can turn a minor misdemeanor offense into a
much more serious felony robbery charge.
Utah Criminal Defense Lawyer for the Holladay
Justice Court
If you are facing retail theft or other criminal charges in the Holladay Justice Court, you should contact a
criminal defense attorney
immediately. Before appearing for an arraignment, an experienced
criminal defense attorney can help you understand the processes you
will be facing and can assist in developing a defense
strategy aimed at achieving the best possible
result for your case.
Based
in Salt Lake City, Stephen Howard is an experienced Utah criminal
defense lawyer who has successfully protected his clients' rights in
thousands of serious felony and misdemeanor cases during his career. He
has a track record of achieving real results.
Contact
us today to schedule an initial attorney consultation.
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