Southern California Defense Blog

Shoplifting is the crime of stealing, or making an effort to steal, or intentionally paying less than the full amount for products or goods in a store. Shoplifting can include taking something without the intention of paying for it, hiding, concealing, or modifying a store’s goods (including the price tag) with the intention of stealing it or unlawfully paying less that it is being sold for.

In California, shoplifting goods with a value less than $400 may constitutes a petty theft misdemeanor charge. Shoplifting goods with a greater value may constitute a grand theft or larceny felony charge. The charges for shoplifting also depend on whether a person has a criminal history of shoplifting and other specific factors.

The penalties for shoplifting vary by circumstance and location but can include fines up to two times the amount of the value that was stolen, prison or jail time, and community service. In some cases compensatory fines may also be assessed in shoplifting cases in order to compensate a store owner for his or her losses.

If you would like to learn more about shoplifting, you may wish to contact a qualified and experienced legal expert from Wallin & Klarich who can advise you of your legal rights and options. An attorney can help to protect and maximize your legal interests in a shoplifting case.

Call Wallin & Klarich at 1-888-749-0034 and we can answer any legal questions you may have.

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It has always been believed that for someone to be guilty of burglary they would have to actually enter the victim’s home or a business to commit a crime. However, a recent case has been decided by the court of appeals that expands the definition of burglary. In the specific case in question, the accused was very upset with the victim and so he kicked the defendant’s door down. When he did so the owner of the home ran out of the house and the defendant did not physically enter the home. The court of appeals has held that you may be found guilty of burglary even if you do not physically enter the residence of a person. This means you can be found guilty of a felony burglary charge and sentenced to state prison due to the act of kicking down a door.

BE WARNED. Be careful what you kick.

If you have questions about how we can assist you with your pending burglary case or with any other criminal matter do not hesitate to contact Wallin & Klarich 24/7 at 888.280.6839.

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Monday morning, 8:30a.m. A well-dressed lady with an unintelligible accent pleads with the judge that she is not guilty of seven counts of welfare fraud. The judge has none of it; and sets bail at seventy-five thousand Dollars. “I didn’t do it. I swear I didn’t do it.” She cries as she’s taken into custody.

It doesn’t have to be this way. A client of mine was recently accused of 5 counts of forgery. He retained my office right after he was contacted by the cops. Luckily he had not given a statement to them. Wallin & Klarich and the client immediately retained the services of a handwriting expert. We forwarded all previous signature and handwriting samples to the expert and got his opinion two weeks thereafter.

Continue reading "THAT’S NOT MY SIGNATURE! SOMEONE STOLE MY IDENTITY!" »

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Have you ever been at the mall in the department store and saw a pair of sunglasses that you really wanted but you didn’t have the money to purchase them? So you put them into your shopping bag and walked out of the store. However, as you were approaching your car, a loss prevention officer stops you, the police are called, and you are arrested on suspicion of petty theft (484 PC). You think to yourself, I am not a criminal. I have no criminal record and I just acted on impulse. I did not go into the store contemplating stealing. I cannot afford to have a misdemeanor (or felony) conviction on my record.

If you have a story similar to this, believe it or not, you are not alone. Thousands of people in California are picked up on suspicion of shoplifting each year.

So you say to yourself, “what options do I have?” I am caught on camera stealing and they found the merchandise right in my bag. Well, at Wallin & Klarich, our California criminal defense attorneys are very familiar with these types of stories and have handled numerous of these types of cases. Our attorneys have helped clients avoid felony and misdemeanor theft convictions, even when clients have been caught “red-handed.”

This is because there are alternatives! First, there is a possibility that the offense can be reduced down to an infraction, where only a fine is required. There is also a possibility of getting a Civil Compromise. Under this scenario, the criminal case against you is considered “Civilly compromised” pursuant to PC 1377-1378 and you will end up with zero conviction on your record. Lastly, there is also a possibility that you may be able to take a “shoplifting class” and upon proof of completion of the class, have your case dismissed without a conviction!

It varies from court to court as to how your shoplifting case might end up. However, a lot of it has to do with how well versed and creative your attorney is in sentencing alternatives and how well he knows the particular court, the Judges, the District Attorneys, and/or the City Attorneys. At Wallin & Klarich you can be confident that you will get the best possible representation and receive the best possible outcome to your shoplifting case or any other possible criminal case that you might have pending.

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During this holiday season, most citizens of San Diego spend their weekends shopping for gifts for family and friends. We are all under a great deal of pressure to get the best presents for everyone we know. Many people succumb to the stress and pressure. When they realize they don’t have the money to buy the gifts they so badly want to buy for their loved ones, they resort to stealing.

At Wallin & Klarich, during this time of year we typically get many calls from people arrested for shoplifting. This year has been no different. Most of our calls from people arrested at retail stores that sell electronic products. Each retailer has a staff of loss prevention officers. During this time of year, more and more loss prevention officers are needed, and they keep a watchful eye.

We hope you do not become one of those arrested for theft. If by chance you are accused of stealing at a retail store, here are some words to the wise:
- Exercise your right to remain silent
- Do not provide anyone with a written statement
- Do not speak with any retail employee about the situation
- Do not speak with any law enforcement officer about the situation

Many people think that if they cooperate with the detectives and loss prevention officers, that they will be treated with lenience and they will not be arrested or taken to jail. This may or may not be the case. But when you talk, you are providing evidence against yourself. I think you will agree that it is better to go to jail for a night, then be charged with a felony burglary charge and end up facing years of prison.

If by chance you have been arrested or cited for stealing, theft, or burglary, you would be wise to speak to an experienced San Diego criminal defense lawyer about your rights and about what lies ahead. If you have any questions, call Wallin & Klarich to speak to criminal defense lawyers who work in San Diego. You can also check us out at our website www.wklaw.com.

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