This description is for person who has been expensed with shoplifting in the state of Tennessee. I focus on Tennessee because that is where I convention and because laws differ from state to state. Thus while it may be useful, this description should not be used as a guide to shoplifting charges in another state. Check your local laws. In Tennessee, shoplifting is formally called Theft of property 0 or less. Theft in Tennessee is graded by dollar amounts--0, 00, ,000, and whatever over ,000. Theft 0 or less is a Class A misdemeanor, punishable up to 11 months and 29 days in jail.
If a client is expensed with shoplifting it is of the highest point that they keep the fee off their record. In Tennessee, there are generally two ways of doing this. The first is the process of judicial diversion. Judicial diversion means going on probation for the entire distance of the sentence-11 months and 29 days. While that time the client will have to pay monthly fees, as well as court costs and expungment fees, and probably perfect society service and/or classes. The one health of diversion is that the client must have a clean record. They cannot have any prior felonies or class A misdemeanors (such as Dui or drug possession), and they cannot have used diversion before. It's for first-time offenders only. Diversion is an perfect way to keep a serious fee off your record, but when it comes to shoplifting cases in Tennessee there is sometimes an easier, less expensive way.
Attorney Tennessee
Merchant restitution, or merchant diversion as it is sometimes called, can often be used in shoplifting cases to arrange of the fee without probation or a permanent conviction. This process can be used if the merchandise is recovered without damage and the store agrees to accept restitution in lieu of prosecution. It's kind of an oxymoron that the store takes restitution when the merchandise is recovered without damage, since the notion of restitution is to pay for property that has indeed Been damaged, but that's the way it works. If the store and the prosecutor's office agree to this, the client can pay the store the required amount, get a letter in return stating payment has been made and that the store will not be pressing charges, then the case will be dismissed. Normally the client will have to pay court costs at the time of the dismissal.
Merchant restitution is a much better way to cope a Tennessee shoplifting fee than judicial diversion, because 1) the client doesn't go on probation for a year, 2) they don't pay hundreds of dollars in court fees, and 3) they don't plead guilty. A guilty plea is mandatory for judicial diversion. This is especially prominent for clients who are not U.S citizens, such as permanent residents or visa holders, because a guilty plea could be fatal to their status in the United States. But under the restitution process, the client plainly pays the store, brings back proof of payment to court, pays costs, and the fee is removed from their record.
The one catch with restitution is that not all market will participate, and not all prosecutors will accept it. For instance, Wal Mart doesn't do it. If the store where the shoplifting occurred was Wal Mart, they are going to have to go on diversion to get it removed. I believe it is Wal Mart's course nationwide to not accept restitution in shoplifting cases. Also, the prosecutor's office has to be willing to go along with it. Where I convention in Memphis, prosecutors will Normally agree to it but they may not in other jurisdictions. However, as a Memphis shoplifting lawyer I have helped numerous clients through the restitution process, and it's all the time my first line of defense with shoplifting cases.
Tennessee Shoplifting Charges
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