Shoplifting
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Charged with Shoplifting?
Shoplifting is an offense in Quebec that can seriously impact your life. The consequences vary depending on the value of the goods, the intent, and whether it is a second offense. You may face fines, civil lawsuits, and even imprisonment. It is crucial to act quickly to protect your rights.
Speak with a Specialized Shoplifting Lawyer in Quebec
Consulting a criminal lawyer at the first accusation can greatly influence the outcome of your case. Don’t wait: contact us now for a free initial meeting.
What is Shoplifting?
Shoplifting is defined as the act of taking an item from a store without the intention to pay for it. This constitutes a form of qualified theft and is considered a minor or major offense depending on the value of the stolen goods and the circumstances of the offense. It is not outlined in the Criminal Code of Canada but can still lead to a criminal record.
Shoplifting in stores, whether in large department stores or a simple neighborhood shop, can lead to criminal charges under the Criminal Code for shoplifting.
Although this punishable offense is distinct from acts of violence or threats of violence, it remains serious and can appear on your record. Studies show that shoplifting results in several billion dollars in losses for retailers each year.
Intention and Appearance of Rights: Key Concepts
For theft to occur, it must be proven that there was an intention to remove property from its rightful place without an appearance of right. For example, if you take possession of an item for your own use without paying, you could be charged. However, certain factors such as legal intoxication—assessing whether the accused was in a state to understand their actions—or the absence of prior criminal use can influence the outcome of the case. In many instances, shoplifting involves a lack of violence, which distinguishes it from domestic violence or other more serious offenses.
The Consequences of Being Convicted of Shoplifting
A criminal charge for shoplifting can result in a criminal record, especially in the case of a second offense or if aggravating circumstances are identified (for example, repeated tampering with anti-theft devices or high-value goods stolen). Such a record can have significant repercussions on your life:
- Difficulty finding employment;
- Travel restrictions;
- Consequences for any fraud-related records or other types of criminal offense records.
Depending on the severity of the case and the value of the stolen goods (a few dollars or several thousand), the penalty can range from a fine to imprisonment, including the possibility of acquittal or unconditional acquittal. Courts also assess whether the stolen object was intended for personal use or resale, which can influence the penalty.
Possible Defenses and the Role of the Criminal Lawyer
In Canadian law, any criminal charge initiates a specific judicial process. Several defense strategies are available to you:
- Challenge the evidence: Examine video recordings, the legality of the arrest, whether plainclothes store employees (security agents) were involved, or the collection of fingerprints.
- Question the intent: Prove that you were unaware of having the item in your possession or that your legal intoxication state prevented you from realizing the seriousness of your actions.
- Lack of violence: Highlight that this is not a crime involving acts of violence or threats of violence, unlike some more serious offenses.
- Participation in a program: In some cases, the justice system offers special programs that can lead to a reduction in the penalty or the removal of the criminal offense, provided the conditions are met.
A specialized criminal lawyer in theft cases is indispensable for mounting the best defense. He or she will evaluate the type of offense, analyze the evidence, and challenge the validity of the charge. The lawyer also negotiates with the Crown to reduce the consequences, whether it be a minimal sentence, unconditional acquittal, or a simple fine.
Why Hire a Specialized Shoplifting Lawyer?
Any criminal charge can leave lasting marks on your life. Even though shoplifting is distinguished by its lack of violence, it remains a criminal offense punishable by serious penalties. It is therefore crucial to quickly obtain the advice of a criminal lawyer to protect your rights and avoid worsening your criminal record.
If you are facing a shoplifting charge, do not hesitate to contact a specialized criminal lawyer. We will assess the circumstances of your case, whether it involves stealing from a store or a large department store, and guide you through the judicial process.
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Act now and ensure you have a solid defense. Our services cover all types of criminal law cases, whether it involves fraud, shoplifting, or any other form of criminal offenses.
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How Much Does a Specialized Shoplifting Lawyer Cost?
The fees of a specialized shoplifting lawyer vary depending on the complexity of your case, the time invested, and the experience of the firm. Some cases are resolved more quickly, while others require in-depth analysis or prolonged negotiations. Obtain a personalized estimate by discussing directly with your lawyer to establish a legal plan tailored to your situation.
Do Penalties Vary According to the Amount Stolen?
Yes. The amount stolen greatly influences the severity of the charge and, consequently, the potential penalty. The higher the value of the goods, the more severe the sanctions can be. Factors such as the presence of aggravating circumstances or recidivism (a second or more offense) are also taken into account. A lawyer will assess these elements and develop a defense suited to your situation.
I’m Facing a Theft Charge Without Evidence, What Should I Do?
If you are facing a theft charge without evidence, first contact a criminal lawyer to analyze the situation and protect your rights.
Stay calm, do not make any statements that could be used against you, and preserve any elements that could support your version of events (testimonies, receipts, video recordings).
Your lawyer will challenge the validity of the evidence and verify the legality of the procedures to argue that the charge is unfounded.
Even in the absence of apparent evidence, the Crown may attempt to strengthen its case: adequate legal representation is therefore essential to counter any developments in the case and ensure the best possible defense.