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Stealing is an illegal act of taking or removing something from its owner/owners without the consent and it is one of the most common crimes in the United States. Depending on the severity and circumstances, this crime is termed as thieving, filching, looting, shoplifting, larceny, embezzlement and burglary. Punishment also depends on the several factors like what the accused steals, the value of the item stolen and from whom. This article answers some of the frequently asked questions on this crime and laws associated with it. If a person is caught shoplifting, can the store press additional charges for shoplifting if they have footage of prior thefts by the person including the most recent theft? I stole $60worth of merchandise.
Most probably, you might be charged for two separate counts of stealing, if the store identifies you from the earlier footage of theft. They can only report the police about it and it is the court’s duty to press charges against you. The law treats first time offenders of such crimes quite mildly. In your case, it could be considered as a summary crime/offense as the value of the object you took is below $150 and you may receive an Accelerated Rehabilitative Disposition (ARD), a type of probation of 90 days. Another option would be to pay the fine and/or community service, however this would remain on your criminal record for up to 5 years. You should get in touch with a criminal lawyer who could assist you on this. Can a person be arrested for stealing without any video footage or any other evidence?
The police can arrest you based on probable cause if the employee saw you stealing something. You will have to face an arrest as there is a witness to the crime. However, in the court it would take more than the employee testifying against you in order to have you convicted for the theft. If the prosecution fails to prove your crime beyond a reasonable doubt, the judge might dismiss the case against you. If you really did not steal, you should retain the services of a criminal lawyer who could help you after reading your case document thoroughly. We have an employee stealing money from people's lockers. Is it legal to set a trap with marked bills and then search employees before leaving for the day to catch the thief?
As an employer, you have every right to take appropriate steps to prevent thefts at your property and you can always check your employees if you believe that one of them has committed the crime which absolutely right. But, it would have been better if you had a policy that allows you to search your employees on the grounds of suspicion. It means, the rule or policy should clearly say that the employee in question should co-operate with you. If you don’t have a policy like this, the employee might not comply with the search and you might fire him/her. Most likely, the terminated employee might file for a law suit against you on the grounds of unlawful termination. Once you have such policy in place, you need to inform all your employees about the same. Give them some time to understand the new policy and after that if you still want to go ahead with your plan, you will be protected under the policy for a reasonable search. Stealing can land you in jail and the crime will probably remain on your criminal record for some time. If you have any doubts and questions about the punishment for stealing, you should always ask a criminal lawyer who could help you on this.
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