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Shoplifting in the State of Georgia

The basic offense for shoplifting is a state of Georgia Code 16-8-4, which states: A person commits the offense of shoplifting when he or she

Date:   5/27/2022 8:25:46 PM   ( 84 d ) ... viewed 93 times

The basic offense for shoplifting is a state of Georgia Code 16-8-4, which states: A person commits the offense of shoplifting when he or she, with the intent of depriving the owner of the property of the property's fair market value, intentionally conceals the property in a place that he or she knows is not likely to be searched. And with the intent of converting the property to his or her own use, obtains or attempts to obtain the property by intentionally concealing the property, intending to deprive the owner of the property, or by intentionally converting the property. For additional information, click here

Is Shoplifting a Felony or Misdemeanor in Georgia?

Georgia Code 16-8-4(b) states that "shoplifting in the first degree is a felony," while 16-8-12(a) states that "shoplifting in the second degree is a misdemeanor." The fact that both convictions require the same elements, a guilty mind and the intent to deprive the owner of his or her property, means that shoplifting in the second degree in Georgia is a misdemeanor. It is not a felony.

If Accused of Shoplifting in Georgia, What Should Happen?

The store detective should record the incident in his or her report and provide it to the police. The police should then arrest you for shoplifting and take your fingerprints. If you are innocent, your fingerprints will be processed by the Georgia Bureau of Investigation (GBI). If you are guilty, the GBI will compare your fingerprints to the fingerprints on file in their database.

The store detective can do nothing except take your money and call the police. They cannot detain the accused for any length of time and they cannot send them to jail. A store detective can usually tell by looking if the accused has an item in their possession that is worth more than $50. But this is only a first step.

Should the Accused Talk to the Store Detective?

The store detective cannot question them without an attorney present and this gives them the opportunity to decide if they want to make a statement or not. I would recommend that people who are accused of shoplifting in the store keep silent until they have spoken to an attorney and have had the opportunity to speak to the store detective without an attorney present.

If the accused makes a statement, the store detective may be able to obtain evidence through the statement that could help them prove their case. This can be a difficult choice to make, but it is one that needs to be made.

The entire truth might not come out without an attorney. By deciding to talk to the store detective without an attorney, you are giving up your right to remain silent and your right to an attorney. You must decide whether you want to talk to the store detective.

Should I Call a Criminal Defense Attorney if Accused of Shoplifting in Georgia?

Shoplifting is a serious offense. It can result in large fines and jail time. If you have been accused of this crime, it is in your best interest to contact a criminal defense attorney. An attorney will be able to evaluate the evidence against you and determine if you should make a statement or not.

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