What Happens If You Get Caught Shoplifting?
Stores can detain suspected shoplifters for a reasonable time and call police. A first offense for low-value items is usually a misdemeanor punishable by fines, probation or short jail time, while higher values or prior convictions can make it a felony. Many stores also send a civil demand letter seeking money. First-time offenders can often get diversion that avoids a conviction.
Shoplifting, also called retail theft, is one of the most common criminal charges. The consequences depend on the value of the items, your record and your state.
At the store
Most states give merchants a "shopkeeper's privilege": they can detain a person they reasonably suspect of shoplifting, in a reasonable manner and for a reasonable time, while they investigate or wait for police. Stay calm and polite. You do not have to sign a confession or written statement, and anything you say can be used later.
Police and charges
Police may issue a citation to appear in court or arrest you. Shoplifting is a form of theft (larceny), and the charge level usually depends on the value of the goods:
- Petty theft / misdemeanor: below the state's felony threshold. Penalties can include fines, probation, community service, theft classes and short jail sentences.
- Grand theft / felony: above the threshold, or with certain prior convictions. Thresholds differ by state, from several hundred to a few thousand dollars. See how serious is a theft charge.
Some states also have organized retail theft laws that add up thefts over time.
Civil demand letters
Many states allow merchants to demand a civil penalty from shoplifters, separate from the criminal case. You may receive a letter from the store or its law firm asking for a set amount. Whether and how much to pay depends on your state's civil recovery statute; paying it generally does not end the criminal case. Get advice before paying.
Diversion for first offenses
Many prosecutors offer pretrial diversion for first-time, low-value cases: you complete classes, community service or restitution, and the charge is dismissed (OJP). Some courts offer deferred adjudication or a conditional discharge.
Long-term effects
A theft conviction is a crime of dishonesty, which employers notice, particularly for jobs involving money or security. It can also affect immigration status. See what shows up on a criminal background check and, later, whether you qualify for expungement.
Do you need a lawyer?
For a first, small offense, a lawyer can often secure diversion or a dismissal that keeps your record clean, which can be worth far more than the fee. Non-citizens should always get advice first. Find criminal defense lawyers near you.
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.