Shoplifting is a common offense that is typically charged as Penal Code 490.5 or Penal Code 484(a) if the amount of the stolen items is less than $950. Give the current state of the economy, it has become an even more common occurance as evidenced by the recent arrest of a single mother accused of shoplifting more than 300 items from a Mission Viejo, CA Macy’s. Many of the major chain stores such as Target, Walmart, Best Buy, Kohls, etc; have professional loss prevention officers patrolling the store in plain clothes. These individuals will look like regular shoppers, but they are not.

If you happen to get caught for shoplifting, you were more than likely stopped while trying to exit the premises by one of the loss prevention officers. More than likely, you were also caught on surveillance video committing the alleged offense. Then you were taken to a back office and detained and questioned. The local law enforcement agency more than likely showed up a short time later. These are the basic instructions on what to do when detained:

• DO NOT engage the loss prevention officers in any conversation. Do not apologize, offer to pay if they let you go, etc. These LPO’s (Loss Prevention Officers) are not law enforcement and do not have to give you a Miranda warning. Everything you say to them will be relayed to the police.
• When the police arrive DO NOT speak to them either. Inform them you want to remain silent and that you like to speak to your attorney before answering any questions.
• The most serious issue here- is that the police and the LPO’s will be questioning you to determine if you had the intent to steal before you even entered the premises. If you admit that your intent was to do so- you have now foolishly given them factual evidence to charge you with 2nd Degree Commercial Burglary.

At this point, you’ll likely be released with a citation to appear in court; or they could take you to the police station and book you.

If you or a loved one have been charged with shoplifting contact the experienced San Bernardino theft attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

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