Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now for help protecting your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Ogden Retail Theft Defense Attorney

Can I go to jail for shoplifting in Ogden?

Penalties for shoplifting in Ogden can include jail time, substantial fines, and a variety of probation conditions. The chance that you may go to jail will be significantly affected by the value of the property taken, your criminal record, and your individual history and circumstances. If you are facing prosecution in Ogden for retail theft, the assistance of an experienced criminal defense attorney can be critical. Call us today to see how we can help you.

How much jail time is possible on a retail theft charge?

The maximum jail or prison penalty for shoplifting in an Ogden criminal case will depend on the level of the charge. A first-time shoplifting charge involving merchandise valued at less than $500 will normally be charged at the class B misdemeanor level. At that level, the maximum jail penalty for shoplifting is 180 days. As the value of the merchandise increases, or as the number of theft-related convictions on a person's criminal record increases, the penalties can increase to the class A misdemeanor (365 days maximum), third-degree felony (five years prison maximum), or second-degree felony level (fifteen years prison maximum). Jail or prison time on a retail shoplifting charge is not mandatory. The court can instead suspend the jail or prison term and place you on probation.

How can I avoid a conviction for retail theft in Ogden?

The first thing to remember when defending against a shoplifting charge in Ogden is that you are presumed innocent. This mean that until or unless the prosecution is able to produce evidence sufficient to convince a jury, beyond a reasonable doubt, that you are guilty, you are entitled to a legal presumption of innocence. If you plead not-guilty, and if a jury is not convinced otherwise beyond a reasonable doubt, you are entitled to an acquittal and a dismissal of the case. In rare cases, evidence or information provided through defense counsel may even persuade a prosecutor to dismiss charges prior to trial.

While you have a right to a jury trial, you also have the opportunity to explore the possibility of a negotiated resolution. Negotiations with the prosecuting agency on a retail theft case can result in a variety of potential outcomes. A plea in abeyance offer can provide a more certain way to achieve a dismissal of the case, but the abeyance agreement requires the prosecutor's approval.

How can I improve my chances of staying out of jail in a shoplifting case?

If you anticipate working toward a negotiated resolution in your retail theft case, or if you find yourself facing a conviction and sentencing, one of the most important things you can do is to take steps to address what may be perceived to be the underlying "problems" that led to the shoplifting offense. For example, if you are stealing to support a drug addiction, then getting involved in drug treatment can significantly improve your chances of avoiding jail. If the shoplifting incident was the result of a temporary lapse in judgment, enrolling in a thinking errors class or "theft" class can help persuade a judge not to impose jail time.

Sentencing issues can be complex and understanding how best to present your defense at a sentencing hearing can vary significantly based on the nature of your case, your history, circumstances, etc. Having the assistance of an experienced criminal defense attorney is critical.

How do I find the best criminal attorney for my shoplifting case?

Utah Criminal Lawyer Salt LakeChoosing the right attorney for your case is perhaps the most important decision you will make. Experience, knowledge, skill, and personality are all important factors to consider as you make that decision. Aggressive defense has its place. But having a "bull in the china shop" mentality can backfire. Having a defense attorney who understands the difference between the time to fight and the time for diplomacy can help you achieve the results you need.

Contact us today to see how we can help you.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah Expungement Attorney Salt Lake Davis Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Even a single misdemeanor conviction in Utah can result in extended jail time and substantial fines. The collateral consequences of a criminal conviction can last a lifetime. Whether you are facing misdemeanor prosecution in a justice court or more serious felony charges in the district court, obtaining advice and assistance from an experienced criminal defense attorney is....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.