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?
Choosing
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.