Rhode Island Shoplifting Lawyer

Rhode Island Shoplifting Attorney

In Rhode Island, Shoplifting is a misdemeanor crime that is taken very seriously. Shoplifting includes any kind of criminal activity that involves an intent to steal from a merchant. Examples include stealing store items, altering price tags, and removing shopping carts beyond permitted areas.

If you are caught committing any of these acts, you may be charged with Shoplifting and, if convicted, you face having a criminal record and possible jail time. If you are charged with Shoplifting in Rhode Island, you do not have to fight the charges alone.

Contact the Rhode Island Shoplifting Attorneys at Ellison Law LLC today at 401-593-8856 and let them use their Rhode Island criminal defense experience to fight your case.

WHAT ARE THE PENALTIES FOR SHOPLIFTING IN RHODE ISLAND?

As a misdemeanor crime, Shoplifting comes with potential consequences including:

• Fine from $50 up to $500; and
• Up to 1 year in jail (first offense)
• potential criminal conviction
• potential probation

However, if the retail value of the stolen merchandise is over $100, and you have previously been convicted for shoplifting, you will be charged with a felony and, thus, subject to the following penalties:

• Fine up to $5,000; and
• Imprisonment up to 5 years
• potential felony criminal conviction
• potential probation

You may also be sued by the victim for money damages up to the retail value of the stolen merchandise.

WHAT ARE DEFENSES TO SHOPLIFTING CHARGES IN RHODE ISLAND?

Each Shoplifting case is unique. Therefore, the specifics of every Shoplifting charge are different and will determine which defense is best for you.

One common defense is that the shoplifting was simply an accident, particularly in cases where there is a self-checkout process involved. Another common defense is that the shoplifting did not pass all points of purchase.

There may also be issues with the way you are apprehended by a merchant that can be used as a defense. There are procedures that must be followed by the merchant or shopkeeper that, if not followed, can help you defend yourself against a shoplifting charge. Call Ellison Law LLC today and let our Rhode Island criminal defense lawyers examine your case to determine the best possible defense.

CAN I GET A DISMISSAL OF SHOPLIFTING CHARGES IN RHODE ISLAND?

The decision to dismiss a shoplifting case is generally at the discretion of the prosecutor. Usually, when a prosecutor agrees to dismiss a case, it is because the prosecutor has negotiated with the defendant and/or their attorney, and the prosecutor agrees that the charge will be dismissed upon completion of certain conditions. You can have an attorney who has taken part in these negotiations before help you with your case.

WHAT ARE THERE PENALTIES FOR HABITUAL OFFENDERS OF SHOPLIFTING IN RHODE ISLAND?

If you are convicted of shoplifting three or more times, you can be considered a habitual offender and you can be prosecuted under Rhode Island General Laws § 11-41-24 which states the following:

• 11-41-24. Habitual offender.
  “Any person who shall be convicted three (3) times for the crime of shoplifting as defined in § 11-41-20 or larceny as defined in § 11-41-1 or receiving stolen goods as defined in § 11-41-2, or who shall have been convicted three (3) times of any combination of the crimes described in this section, shall also be charged as an habitual offender and, upon conviction, shall be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) and shall be imprisoned not less than six (6) months nor more than one year.”

IS SHOPLIFTING CONSIDERED A MISDEMEANOR OR A FELONY IN RHODE ISLAND?

For a first time offense, shoplifting is considered a misdemeanor. Shoplifting can be considered a felony if you have already been convicted of shoplifting and the item’s value is above $100. The penalty for felony shoplifting is a fine of $500 up to $5000 and up to five years in prison.

Additionally, if you wear clothes designed to hide stolen items you could have another charge for “Shoplifting – Use of implements in concealment” which can get you a fine of $500 up to $5000 and potentially face up to five years in prison.

Rhode Island General Laws § 11-41-20.1 states the following penalties for “Shoplifting – Use of implements in concealment” which is when you use any type of implements to conceal the stolen items:

“Whoever shall willfully take possession of any goods, wares, or merchandise offered for sale by any store or other mercantile establishment, or whoever shall willfully conceal upon his or her person, among his belongings, or upon the person or among the belongings of another unpurchased goods, wares, or merchandise of any store or other mercantile establishment either inside the store or other mercantile establishment or outside, but in its immediate vicinity, with the intention of converting it to his or her own use without paying the purchase price, with intention of depriving the owner of all or some part of the value, while wearing any article of clothing, or carrying any implement of any kind specifically designed or adapted for the purpose of concealing, carrying away, or otherwise unlawfully removing any merchandise from a store, knowing the clothing or implement to be designed or adapted for that purpose, with the intent to use or employ it or allow it be used or employed for an unlawful purpose, shall be guilty of a felony and shall be punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) or by imprisonment for not more than five (5) years, or both.”

WHAT IS A NO-TRESPASS ORDERS IN RHODE ISLAND?

If you are arrested and charged with shoplifting, the merchant will likely issue a no-trespass order forbidding you from returning to the store. It is also common for the Court to issue a no-trespass order as part of its sentence. Subsequent violations of a no-trespass order can lead to new criminal offenses and violations of probation.

CAN I RECEIVE A SHOPLIFTING ALLEGATION AT A SELF-CHECKOUT IN RHODE ISLAND?

Advances in technology have significantly changed how shoplifting charges arise in Rhode Island. Many people assume shoplifting only involves intentionally concealing items and walking out of a store, but with the widespread introduction of self-checkout lanes in major retail stores, a substantial number of allegations now originate from automated registers.

These accusations are built around what the register did (or did not) record and what the camera shows at the moment you were handling the products before paying. A simple missed scan or rushing through your transaction can later be framed as an attempt to steal. Unlike traditional shoplifting charges, where an individual typically conceals an item with the immediate intent to leave the store without paying, self-checkout allegations frequently stem from not scanning certain items which can later be misinterpreted as theft.

These allegations can happen from an accidental failure to scan one of the products, an error on the barcode, items being rung up under the wrong product or, if you have a large transaction, you may forget to scan some items there were at the bottom of your cart. Sometimes, this charge can happen from the machine having a malfunction, a weight sensor error or something that creates confusion while you’re in the process of scanning the goods.

It’s important that you’re aware of this information since intent is one of the core issues with a shoplifting charge and while your case is going, the State has the responsibility to prove that intent rather than recognize that there was some type of error while you were registering the items.

IS IT POSSIBLE TO BE CHARGED WITH SHOPLIFTING EVEN IF YOU HAVEN’T LEFT THE STORE IN RHODE ISLAND?

In Rhode Island you can be charged with shoplifting even if you haven’t left the store, as the law doesn’t require that you have to leave the store to be charged with the offense. Most of the time you will be charged if you go beyond the cash registers with those unpaid items.

CAN A STORE CHARGE ME WITH SHOPLIFTING DAYS OR WEEKS LATER IN RHODE ISLAND?

Yes, in Rhode Island, you can be charged with shoplifting days or weeks after the alleged incident occurred. Even though you can be detained on suspicion of shoplifting, cases involving self-checkout lanes are often investigated days or weeks later. Rather than confronting someone right away, retailers may review self-checkout transaction records, receipts, and surveillance footage after the incident.

Once their review is complete and they still have the suspicion that you were shoplifting, they then submit a report to the police with all their documentation saying what they believed really  happened. For a store, they can file the charges days or even weeks after an incident has happened. Sometimes this process can even take months, more so if they’re slowly building a case against you because they’re identifying shoplifting patterns and they believe that they have enough surveillance footage, register data and a transaction history to contact the police. This can be especially true if they believe you shoplifted this way at multiple stores.

This is why it’s important that you get early representation because you can potentially worsen your situation by trying to contact the employees or the store representatives that are building the case against you, creating unnecessary additional issues with your case.

IS IT POSSIBLE TO BE CHARGED WITH SHOPLIFTING EVEN IF YOU RETURN OR PAY THE ITEMS IN RHODE ISLAND?

Yes, even if you return all of the stolen items and pay for them, the owner or the store merchant may press shoplifting charges and you could be formally charged. It can be helpful to do this because if you get shoplifting charges, your defense attorney can use this to negotiate with the prosecution. In the eyes of the law, even if you return and pay for all the stolen goods, the crime already has happened and cannot be reversed.

CAN MY SHOPLIFTING CHARGE BE SEALED OR EXPUNGED IN RHODE ISLAND?

In Rhode Island, a shoplifting charge can get sealed or expunged but it always depends on how your case ended. If your case did not result in a conviction (for example, it was fully dismissed) then your case is likely eligible for a sealing, whereas if your case ended with a conviction, then you might be eligible for an expungement depending on factors like when it happened and what your criminal record looks like. No matter which one, it’s important that you talk with a criminal defense attorney to be aware if you are eligible.

HOW CAN A STORE USE SURVEILLANCE EVIDENCE IN MY SHOPLIFTING CASE IN RHODE ISLAND?

In Rhode Island, the evidence for a shoplifting charge can come in different ways. Although eyewitness testimony is one of them, most retailers rely on multiple forms of evidence that they gather and document to support their allegation. This material will likely later become part of what the State will use in court.

The surveillance evidence can be paired with transaction information, especially in self checkout cases. A store may compare what the video shows with the register activity: they can match what was scanned, what wasn’t scanned and the timing of your transaction. This will help them decide how to continue and if they should escalate the situation with the police.

At the same time, just because there’s video evidence doesn’t mean that everything is clear since camera angles can be deceiving, the footage may be incomplete and a timeline of events can be easily created but easily misinterpreted as well, more so when a camera can’t easily prove intent.

AM I REQUIRED TO PAY CIVIL RESTITUTION FOR SHOPLIFTING IN RHODE ISLAND?

Yes, according to Rhode Island General Laws § 11-41-28, the civil restitution for shoplifting law states that you may have to pay civil restitution for shoplifting. You can be liable to the store owner or merchant for the value of any unrecovered items plus $100 penalty and court costs.

HOW DOES THE LAW IN RHODE ISLAND DEFINE DIFFERENT TERMS AROUND SHOPLIFTING?

It is important that you understand certain terms from Rhode Island General Laws § 11-41-20(a) that states the language of the law surrounding shoplifting:

• 11-41-20. Shoplifting.

(a) For the purpose of this section:

(1) “Conceal” means to place merchandise in such a manner that it is not visible through ordinary observation.

(2) “Full retail value” means the merchant’s stated price of the merchandise.

(3) “Merchandise” means any items of tangible personal property offered for sale within a retail mercantile establishment.

(4) “Merchant” means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, officer, or director of the owner or operator.

(5) “Premises of a retail mercantile establishment” includes the retail mercantile establishment, and common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment.

(6) “Retail mercantile establishment” means any place where merchandise is displayed, held, stored or offered for sale to the public.

(7) “Shopping cart” means those push carts of the type or types which are commonly provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the public in transporting commodities on or from the premises of the retail mercantile establishment.

WHAT IS THE COURT PROCESS FOR A SHOPLIFTING CHARGE IN RHODE ISLAND?

The court process of a shoplifting charge in Rhode Island can start in different ways. It can start when you are stopped and detained by store security until a police officer arrives on the scene, arrests you, and takes you to the police station. You could be taken straight to court or you could receive a summons to appear at a later date. You could also get a warrant if the police cannot find you, and you will risk being arrested at any time.

No matter what, after you are charged, you will have a first court date that is called an arraignment. During your arraignment, the charges are formally presented and the judge will ask you to plead. If you plead guilty or nolo, then the case ends right there and the judge will sentence you to the penalties they see fit. If you plead not guilty, the court will address your release conditions, and they will give you a future court date to come back.

After the arraignment, there’s a court date called a pretrial conference where your defense attorney and the prosecution will discuss the case and your attorney will gather and receive the discovery. The discovery is the evidence available related to your case. It can be the police reports, witness statements, relevant video footage, etc.

While the pretrial phase is happening, it’s common for your defense attorney to start negotiating with the prosecutors. If they’re able to successfully negotiate, then your charges may be amended or reduced or the case may be fully dismissed. You may be able to negotiate what your sentence will be if you plead to the charge. If they’re not able to successfully negotiate, then your case will continue and will likely go to trial. At the trial, the State has to prove the charge beyond a reasonable doubt. After trial, you will have a verdict: you will either be found guilty or not guilty.

WILL SHOPLIFTING SHOW UP IN A BACKGROUND CHECK IN RHODE ISLAND?

Yes, in Rhode Island, getting a shoplifting charge can potentially show up on a background check. Even if your case was dismissed, if it wasn’t sealed properly, the charge can still appear on your background and it can potentially cause collateral consequences. If your case is pending it can still cause the same issues, especially with job opportunities since it can create complications for hiring you.

There are certain jobs that may be difficult to access with a shoplifting conviction, a pending charge or just having a charge on your record. Jobs related to trust, money handling, working with vulnerable people, amongst others, can raise immediate concerns and even disqualify you from accessing those opportunities. If you were convicted of shoplifting in Rhode Island, the conviction can follow you later on, way past the immediate penalties of having a criminal charge.

CAN A SHOPLIFTING CONVICTION AFFECT MY IMMIGRATION STATUS IN RHODE ISLAND?

Yes, a shoplifting charge can affect your immigration status in Rhode Island. If you’re a non citizen in Rhode Island and you’re in the middle of your immigration process, just having a shoplifting allegation is enough to create issues with your immigration process. If you are not a citizen of the United States and you receive a shoplifting charge, you should consult with a criminal defense attorney and an immigration lawyer to help you through the process.

WHAT ARE JUVENILE SHOPLIFTING CHARGES IN RHODE ISLAND?

When a minor is accused of shoplifting in Rhode Island, the case usually doesn’t go through the natural process in the District Court but instead, it’s typically handled by the Family Court and the focus of these types of cases usually is different than a regular adult criminal prosecution. The Family Court’s court process is designed to not only address what happened but it’s done in a way that protects the minor’s future with the primary focus on rehabilitation.

When a child gets a shoplifting charge, it can be very overwhelming for their parents. Going to court potentially for the first time is a lot to deal with. This is why it is important to work with a Rhode Island criminal defense attorney who can help protect your child’s rights, minimize potential penalties, and safeguard their clean record for future school, college, and career opportunities.

WHAT IS THE DIFFERENCE BETWEEN SHOPLIFTING AND LARCENY IN RHODE ISLAND?

In Rhode Island, shoplifting is a type of criminal activity that involves an intent of theft or stealing that is commonly related to merchant or retail stores. This can include accusations like taking store items, switching or altering price tags or even removing shopping carts beyond permitted areas. If it’s your first offense it’s usually charged as a misdemeanor but it can quickly become a felony depending on the context or if you’re a habitual offender.

On the other hand, larceny in Rhode Island is a broader theft offense and it’s usually when you take and carry away someone else’s property with the intent to permanently deprive the owner of it and a key factor of how you can be charged with larceny is the value of the property: if it’s under $1,500 it’s usually considered a misdemeanor while if it’s over $1,500 it’s usually considered a felony.

WHAT IS THE DIFFERENCE BETWEEN SHOPLIFTING AND ROBBERY IN RHODE ISLAND?

In Rhode Island, shoplifting is a type of criminal activity that involves an intent of theft or stealing that is commonly related to merchant or retail stores. Although robbery is also a theft related crime, it’s different because it usually involves taking someone else’s property through force, violence or intimidation. Rhode Island General Laws § 11-39-1 classifies robbery into two degrees: first and second degree robbery charge. A first degree robbery charge is when the offense involves the use of a dangerous weapon, results in injury to the victim, or is committed against a person who is severely impaired or an elderly individual (60 years or older) while a second degree robbery charge applies when the offense involves force or threats but does not include a weapon, result in injury, or involve a victim who is severely impaired or elderly.

SHOULD I HIRE A RHODE ISLAND SHOPLIFTING ATTORNEY TO REPRESENT ME?

If you are accused of Shoplifting, you can have an attorney represent you in Rhode Island. Because of possible imprisonment, fines, civil penalties, and even immigration consequences, you can have an experienced criminal defense lawyer, who understands these ramifications, represent you to fight for your rights.

The lawyers at Ellison Law LLC are experienced shoplifting attorneys. They will work hard to put together a strong defense for your case and will formulate the best plan of action. They will also discuss your options with you so you will know exactly what to expect moving forward with these charges.

Contact Ellison Law LLC at 401-230-5520 if you or a loved one has been accused of Shoplifting.