Shoplifting is often considered a minor crime, but the truth is that being arrested for shoplifting or another theft type offense can have major consequences that extend much further than many people realize. Being caught in the web of a shoplifting arrest can impact your personal, professional, and financial well-being. This post aims to reveal some of the serious impacts a shoplifting arrest can have on your life.
Naturally, being arrested for shoplifting can have immediate legal consequences. In Minnesota, all theft charges are criminal cases that carry the potential for jail time, probation, and fines. There is no such thing as “petty theft” in Minnesota (a good defense lawyer may be able to negotiate a case down to a petty misdemeanor level, but all theft cases start out as at least misdemeanor level offenses).
The exact level of the charge in a given case will depend on the value of the property, the nature of the property, and the prior record of the person accused of theft. For most shoplifting cases, a theft of less than $500 will be a misdemeanor, cases with a value of $500 – $1,000 will be a gross misdemeanor, and cases involving a theft of more than $1,000 will trigger felony level charges. This is only the general rule, however, and determining the actual level of the charge can be very complicated. Minnesota’s theft statute is nearly 3,500 words long!
Someone arrested for shoplifting may be released with a ticket or taken to jail and held until they can be seen by a judge. Either way, the potential for jail time, fines, and probation is very real. And of course the criminal record resulting from a shoplifting arrest can have a huge impact on a person’s future, including job prospects, housing opportunities, and chances to further one’s education.
Beyond direct legal consequences, being accused of shoplifting or any other theft crime can take a toll on a person’s mental and emotional health. Shame, embarrassment, regret, and anxiety are common. The fear of judgment from family, friends, and others can increase these feelings even more. And sometimes all of these factors can combine to create a snowball effect. Family members may support the accused person at first, but if that person loses their job as a result of the arrest and the family begins to feel the pressure of the financial burden, they may find it harder to be supportive.
A shoplifting case can derail career aspirations and limit future employment opportunities. Many employers will do a background check as part of their screening process for new employees. Such employers will often see a shoplifting case as a sign of dishonesty, which is a major red flag for many employers and can automatically disqualify an applicant from consideration. In cases where charges are dismissed, even the record of the dismissed charge can sometimes continue to be a problem.
However, there is reason for hope. Depending on the circumstances of the case, a better outcome can often be reached, especially for those who are young and/or have limited criminal history. Sometimes a stay of adjudication or other favorable agreement can be reached. Getting there requires an understanding of the law involved, the specific facts of the case and its strengths and weaknesses, and the specific concerns that these types of cases cause for prosecutors and judges.
Above all, experience matters. I’ve handled hundreds – maybe thousands – of theft type cases over my career, both as a prosecutor and a defense attorney. If you or someone close to you has been accused of shoplifting or any other type of theft crime, contact me today to see how I can help.
