Common Misconceptions about Larceny Charges

Interviewer: I’ve always imagined is, people are searching on the Web because they’ve been arrested. When they search on this topic, what misconceptions do they carry with them?

Many People Fear a Jail Sentence if They Are Convicted of a Shoplifting Charge

Mike: The biggest fear, obviously, is that they’re going to jail. I try to put that out of their mind quickly because they’re not. I think the last time a petty larceny went to jail that I could think of it was a repeat offender who amassed 10 or 12 incidents. They don’t want to put you in jail for it.

Beware of Attorneys Who Stress the Possibility of a Jail Sentence as a Sales Tactic; It Is Unlikely You Will Receive a Jail Sentence

Interviewer: Are there any other misconceptions about shoplifting charges that people have when they come see you?

Mike: Most people know they did something wrong. Most people are afraid of a criminal record. Most people are afraid of worse than that, which is jail. You know, there are some shoplifting offenses attorney in Fairview that take an approach. They purposely instill fear in their client, saying, “You know you can get a year in jail for this, you know it’s really bad. I’ll do what I can.”

There are others that are much more realistic, which is basically my approach. If it’s something to be worried about, I will tell a client right out.

Your Attorney Should Help to Allay Your Fears, Not Add to Your Stress Level

If it’s something that I know through my 30 years of experience that can alleviate their stress and allow them to relax and feel that they’re in good hands, that’s the approach I would take.

It Pays to Reiterate that Stores Will Prosecute Even the Smallest of Offenses

Interviewer: Last question about this. Is there any particular shoplifting case that comes to mind because something unusual happened?

Mike: That would be the case I referred to at the beginning of our discussion, which was the investment banker from Wall Street who was extremely wealthy. He was charged with changing a price tag on a light bulb. I think it was at Sears, I can’t remember the exact store, offhand, from a $1.09 to $0.69. It was actually brought to court.

I was just shocked and amazed that the police and that the store personnel would waste their time in doing this. My client, in fact, insisted that he didn’t do it. I actually went to the store and I interviewed the woman in store security who said she observed this and made the arrest.

She took me to the exact location that she stood and showed me exactly where my client was located when he did it. She insisted without question that he did it.

When presented with that and when presented with the fact that it would be his word against the store personnel who were insistent that it occurred, we resolved it by means of an ACD. It never bothered his career one iota.

Interviewer: Yes, it’s funny because it probably cost thousands to go to that extent and defend the case over 40-something cents.

Even if You Have the Strongest of Defenses, ACDs Are Available as an Option of Avoiding the Expense of a Trial

Mike: If it went to a full trial, yes, it would. That’s why very few people turn down an ACD. An ACD is given to people who are guilty as can be and people who are innocent and have a defense but just don’t want to go to the time and expense of litigating a case.

This is why an ACD is a beautiful disposition. It allows both sides to ‘give a little’ and resolve the matter as quickly and as expeditiously as possible with the help of a seasoned shoplifting offenses attorney in Fairview.