Shoplifting
Shoplifting refers to the stealing of goods from a merchant's store.
It is a serious criminal offense and can often carry severe penalties. Many times, children are caught shoplifting, however adults can also be caught in the act, too. If you or someone you know has been charged with shoplifting you should contact a Georgia shoplifting lawyer. Shoplifting can be broken down into two categories: petty theft or grand theft. Petty theft relates to items or money that are not as valuable. In this case, a person can be charged with a misdemeanor. Grand theft is more serious of the two because it deals with a large amount of money or items that are worth more in value. If you are convicted of grand theft, you'll be charged with a felony.
Penalties for shoplifting in Georgia
In Georgia, shoplifting carries different penalties than other theft crimes. Depending upon your prior criminal record, you can be charged with a felony regardless of the value of the item taken as in Georgia, a fourth conviction for shoplifting becomes a felony. Whether you are charged with a misdemeanor or a felony, you can still face jail time as well as being put on probation and required to do community service. In addition to paying expensive court fines, you'll be ordered to pay the merchant restitution for your theft. When a child is prosecuted for shoplifting, the merchant can seek restitution from the child's parents or legal guardian.
The rights and responsibilities of the store merchant
If a store employee or owner of a business suspects a person of stealing from the store, they have a right to detain the person until police show up. While waiting for law enforcement, they can conduct their own investigation to see if there was an attempt to steal something from their store. However, this investigation should be done in a reasonable fashion and must be immediate. The store's employee or business owner cannot look or reach inside of a person's concealed bag or purse or search the person unless they actually saw them steal something and hide it. If another customer or employee alerted them to the matter, the item would have to be in plain view. It is also the responsibility of the merchant to let the person go if nothing was stolen. They cannot yell loudly accusing the person of stealing in front of other customers.
