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Rhode Island Shoplifting Lawyer

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Rhode Island Shoplifting Attorney

In Rhode Island, Shoplifting is a misdemeanor crime that is taken very seriously. Shoplifting includes any kind of criminal activity that involves an intent to steal from a merchant. Examples include stealing store items, altering price tags, and removing shopping carts beyond permitted areas.

If you are caught committing any of these acts, you may be charged with Shoplifting and, if convicted, you face having a criminal record and possible jail time. If you are charged with Shoplifting in Rhode Island, you do not have to fight the charges alone.

Contact the Rhode Island Shoplifting Attorneys at Ellison Law LLC today at 401-230-5520 and let them use their Rhode Island criminal defense experience to fight your case.

WHAT ARE THE PENALTIES FOR SHOPLIFTING IN RHODE ISLAND?

As a misdemeanor crime, Shoplifting comes with potential consequences including:

  • Fine from $50 up to $500; and
  • Up to 1 year in jail (first offense)
  • potential criminal conviction
  • potential probation

However, if the retail value of the stolen merchandise is over $100, and you have previously been convicted for shoplifting, you will be charged with a felony and, thus, subject to the following penalties:

  • Fine up to $5,000; and
  • Imprisonment up to 5 years
  • potential felony criminal conviction
  • potential probation

You may also be sued by the victim for money damages up to the retail value of the stolen merchandise.

DEFENSES TO SHOPLIFTING CHARGES IN RHODE ISLAND

Each Shoplifting case is unique. Therefore, the specifics of every Shoplifting charge are different and will determine which defense is best for you.

One common defense is that the shoplifting was simply an accident, particularly in cases where there is a self-checkout process involved. Another common defense is that the shoplifting did not pass all points of purchase.

There may also be issues with the way you are apprehended by a merchant that can be used as a defense. There are procedures that must be followed by the merchant or shopkeeper that, if not followed, can help you defend yourself against a shoplifting charge. Call Ellison Law LLC today and let their lawyers examine your case to determine the best possible defense.

DISMISSAL OF SHOPLIFTING CHARGES IN RHODE ISLAND

The decision to dismiss a shoplifting case is generally at the discretion of the prosecutor. Usually, when a prosecutor agrees to dismiss a case, it is because the prosecutor has negotiated with the defendant and/or their attorney, and the prosecutor agrees that the charge will be dismissed upon completion of certain conditions. You can have an attorney who has taken part in these negotiations before help you with your case.

WHAT ARE THERE PENALTIES FOR HABITUAL OFFENDERS OF SHOPLIFTING IN RHODE ISLAND?

If you are convicted of shoplifting three or more times, you can be considered a habitual offender and you can be prosecuted under Rhode Island General Laws § 11-41-24 which states the following:

§ 11-41-24. Habitual offender.

“Any person who shall be convicted three (3) times for the crime of shoplifting as defined in § 11-41-20 or larceny as defined in § 11-41-1 or receiving stolen goods as defined in § 11-41-2, or who shall have been convicted three (3) times of any combination of the crimes described in this section, shall also be charged as an habitual offender and, upon conviction, shall be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) and shall be imprisoned not less than six (6) months nor more than one year.”

IS SHOPLIFTING CONSIDERED A MISDEMEANOR OR A FELONY IN RHODE ISLAND?

For a first time offense, shoplifting is considered a misdemeanor. Shoplifting can be considered a felony if you have already been convicted of shoplifting and the item’s value is above $100. The penalty for felony shoplifting is a fine of $500 up to $5000 and up to five years in prison.

Additionally, if you wear clothes designed to hide stolen items you could have another charge for “Shoplifting – Use of implements in concealment” which can get you a fine of $500 up to $5000 and potentially face up to five years in prison.

Rhode Island General Laws § 11-41-20.1 states the following penalties for “Shoplifting – Use of implements in concealment” which is when you use any type of implements to conceal the stolen items:

“Whoever shall willfully take possession of any goods, wares, or merchandise offered for sale by any store or other mercantile establishment, or whoever shall willfully conceal upon his or her person, among his belongings, or upon the person or among the belongings of another unpurchased goods, wares, or merchandise of any store or other mercantile establishment either inside the store or other mercantile establishment or outside, but in its immediate vicinity, with the intention of converting it to his or her own use without paying the purchase price, with intention of depriving the owner of all or some part of the value, while wearing any article of clothing, or carrying any implement of any kind specifically designed or adapted for the purpose of concealing, carrying away, or otherwise unlawfully removing any merchandise from a store, knowing the clothing or implement to be designed or adapted for that purpose, with the intent to use or employ it or allow it be used or employed for an unlawful purpose, shall be guilty of a felony and shall be punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) or by imprisonment for not more than five (5) years, or both.”

NO-TRESPASS ORDERS IN RHODE ISLAND

If you are arrested and charged with shoplifting, the merchant will likely issue a no-trespass order forbidding you from returning to the store. It is also common for the Court to issue a no-trespass order as part of its sentence. Subsequent violations of a no-trespass order can lead to new criminal offenses and violations of probation.

IS IT POSSIBLE TO BE CHARGED WITH SHOPLIFTING EVEN IF YOU HAVEN’T LEFT THE STORE IN RHODE ISLAND?

In Rhode Island you can be charged with shoplifting even if you haven’t left the store, as the law doesn’t require that you have to leave the store to be charged with the offense. Most of the time you will be charged if you go beyond the cash registers with those unpaid items.

IS IT POSSIBLE TO BE CHARGED WITH SHOPLIFTING EVEN IF YOU RETURN OR PAY THE ITEMS IN RHODE ISLAND?

Yes, even if you return all of the stolen items and pay for them, the owner or the store merchant may press shoplifting charges and you could be formally charged. It can be helpful to do this because if you get shoplifting charges, your defense attorney can use this to negotiate with the prosecution. In the eyes of the law, even if you return and pay for all the stolen goods, the crime already has happened and cannot be reversed.

AM I REQUIRED TO PAY CIVIL RESTITUTION FOR SHOPLIFTING IN RHODE ISLAND?

Yes, according to Rhode Island General Laws § 11-41-28, the civil restitution for shoplifting law states that you may have to pay civil restitution for shoplifting. You can be liable to the store owner or merchant for the value of any unrecovered items plus $100 penalty and court costs.

HOW DOES THE LAW IN RHODE ISLAND DEFINE DIFFERENT TERMS AROUND SHOPLIFTING?

It is important that you understand certain terms from Rhode Island General Laws § 11-41-20(a) that states the the language of the law surrounding shoplifting:

§ 11-41-20. Shoplifting.

(a) For the purpose of this section:

(1) “Conceal” means to place merchandise in such a manner that it is not visible through ordinary observation.

(2) “Full retail value” means the merchant’s stated price of the merchandise.

(3) “Merchandise” means any items of tangible personal property offered for sale within a retail mercantile establishment.

(4) “Merchant” means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, officer, or director of the owner or operator.

(5) “Premises of a retail mercantile establishment” includes the retail mercantile establishment, and common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment.

(6) “Retail mercantile establishment” means any place where merchandise is displayed, held, stored or offered for sale to the public.

(7) “Shopping cart” means those push carts of the type or types which are commonly provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the public in transporting commodities on or from the premises of the retail mercantile establishment.

CONFRONTING SHOPLIFTING CHARGES IN RHODE ISLAND

If you are accused of Shoplifting, you can have an attorney represent you in Rhode Island. Because of possible imprisonment, fines, civil penalties, and even immigration consequences, you can have an experienced criminal defense lawyer, who understands these ramifications, represent you to fight for your rights.

The lawyers at Ellison Law LLC are experienced shoplifting attorneys. They will work hard to put together a strong defense for your case and will formulate the best plan of action. They will also discuss your options with you so you will know exactly what to expect moving forward with these charges.

Contact Ellison Law LLC at 401-593-8856 if you or a loved one has been accused of Shoplifting.

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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