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  • Posts tagged "Shoplifting"
January 18, 2021

Tag: Shoplifting

Have You Been Charged with Shoplifting in Georgia?

Thursday, 09 January 2020 by Kara Lawrence

A shoplifting offense will result in a misdemeanor conviction in the state of Georgia where the value of the shoplifted property is $300 or less.

However, a shoplifting offense will constitute a felony under Georgia law if:

  • the value of the shoplifted property is more than $300, or
  • the property is stolen from three separate stores in the same county within a seven-day period, and the property that is the subject of each theft is worth at least $100. 

For an offender’s second shoplifting offense, the court will impose a fine of at least $250, either in addition to or instead of a sentence of imprisonment.

Upon a third shoplifting offense in Georgia, an offender will receive a sentence of imprisonment of 30 days, or an alternative sentence of confinement, such as home detention, for a period of 120 days, and may be ordered to receive psychological evaluation or treatment at the offender’s expense.

Upon a fourth or subsequent shoplifting offense, the offender shall receive a sentence of imprisonment of at least one year, which is not eligible to suspended, and a maximum of ten years. 

If you or a loved one are facing a shoplifting charge, contact us to begin mounting an aggressive defense.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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  • Published in Criminal, Criminal Defense, Felony, Shoplifting, Theft
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Avoiding Self-Incrimination

Sunday, 27 January 2019 by Kara Lawrence

Self-Incrimination- The act of exposing oneself generally, by making a statement to an accusation or charge of crime; to involve oneself or another person in a criminal prosecution or the danger thereof.

If you are a suspect of a crime, your rights and freedom need to be protected. You can accidentally harm or incriminate yourself and damage your case, which can jeopardize your freedom and any formal steps taken by law enforcement. Your rights and your future can be negatively impacted by what you say and what you do. Before speaking with law officials, seek a legal counsel.

According to the Fifth Amendment you have a Constitutional right not to testify against yourself.

In addition to legal help from a criminal attorney, there are other ways to avoid self-incrimination.

  1. Do not talk to police. Anything you say can be used later against you in court. Remain calm and respectful and listen to your Miranda warnings.
  2. Do not talk to others about the incident. Statements made to other people may be used during a trial.

If you’re being suspected of a crime, it can be scary. You may be tempted to say something that could ultimately find you guilty of a crime. If you have questions about your rights, contact us immediately. We will ensure that your constitutional rights are being met and help you invoke your Fifth Amendment rights. Don’t’ risk your innocence without qualified legal advice and assistance.

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

AssaultBatteryCrimeCriminal DefenseDomestic ViolenceFelony TheftGeorgia AttorneyShopliftingTheft
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  • Published in Criminal, Criminal Defense, Moral Terpitude
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Non-Citizens Facing Deportation for Minor Offenses Can Now Seek Jury Trials

Wednesday, 12 December 2018 by Kara Lawrence
Immigrants facing removal proceedings for misdemeanor charges can now have their cases decided in jury trials after the New York Court of Appeals ruled 5-2 last month. The ruling stems from the case of Saylor Suazo, a noncitizen who stayed in the United States even after his visa had already expired. He faced trial for several charges of assault and harassment against the mother of his children, whom he threw to the floor, choked, and beat.

These charges were reduced to class-B misdemeanors, which are punishable by 90-day sentences and can usually be tried without a jury. Suazo, however, still faced deportation—a factor the trial judge did not feel entitled him to a jury trial.

Suazo was found guilty of the assault charge in 2012, a decision that was later affirmed by an appellate panel and then reversed 5-2 at the New York Court of Appeals.

Judge Leslie Stein, one of the judges in the majority, agreed that deportation is a consequence of having a state conviction and pointed out that non-citizens tend to face removal even for class-B misdemeanors. She, however, maintains that only Congress holds the authority to decide whether deportation is an appropriate penalty for federal and state criminal law convictions.

“A noncitizen who is adjudicated deportable may first face additional detention, followed by the often-greater toll of separation from friends, family, home, and livelihood by actual forced removal from the country and return to a land to which that person may have no significant ties,” Stein wrote in the Court’s 22-page opinion.

Judge Michael Garcia, who, along with Judge Rowan Wilson, dissented from the majority’s decision, explained that petty crimes cannot be transported to more serious ones covered by the Sixth Amendment simply because of the threat of deportation. He held that the Supreme Court needs to hear and decide on the matter.

Additionally, Garcia warned that the ruling not only establishes special treatment for removal cases but also sets the stage for other class-B misdemeanor cases to demand jury trials.

“It is doubtful that importing federal immigration law into the penalty analysis was something the Supreme Court intended when it made the Sixth Amendment right to trial by jury for ‘serious’ offenses applicable to the states,” Garcia argued. “In the end, the Supreme Court has the ultimate authority to settle this issue,” he posited, running contrary to the majority’s view that the ball is in the legislative’s court.

The Bronx District Attorney’s Office believes that the ruling goes against a Supreme Court precedent, adding that they intend to bring the case to the high court given the Court of Appeals ruling.  Mark Zeno, who represented Suazo out of the Center for Appellate Litigation, lauded the Court’s decision, adding that the D.C. Circuit has also upheld the right to jury trials for non-citizens facing deportation.

If you, or a loved one, are facing a similar immigration case and need assistance, call our office today at (678) 324-8511 to schedule a consultation with an immigration attorney or click here.

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  • Published in Assault, Battery, Criminal, Criminal Defense, Deportation, Deportation Defense, Drug Crime, ICE, Immigration
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Georgia Attorney Addresses Shoplifting

Wednesday, 03 January 2018 by Kara Lawrence
Understanding the Punishments for Shoplifting in Georgia
 
If you’ve been charged with shoplifting, you may be surprised to learn that even common shoplifting violations can result in felony charges. Under Georgia law, a person will be charged with felony shoplifting charges if the stolen item or items’ combined value is just $300 or more. In fact, you can even be arrested for shoplifting without ever leaving the store, if loss prevention employees think they saw you try to conceal merchandize under your clothes or inside a bag.
 
Practically speaking, this means some people are arrested for shoplifting simply for going about their business in a store. A felony shoplifting conviction can result in serious fines, which are left up to the discretion of the court. Plus, a felony conviction can result in one to 10 years in jail, with a mandatory sentence of one year minimum. Even a first time misdemeanor shoplifting charge can result in fines of up to $1,000 and one year in jail.
 
While some people hope that punishments for first offense shoplifting will be less severe, that is not always the case. In fact, depending on the value of the item in question, a first time offender could receive much harsher consequences than even some repeat offenders. If that’s not enough, convicted shoplifters may also face civil fines, which means the merchant can collect damages from the defendant.
 
The legal process may move slowly after you’ve been arrested, but that doesn’t mean you can wait to start protecting yourself. If you or a family member has been arrested for a shoplifting offense, call us at 678-324-8511 or click here to discuss the particulars of your case by scheduling an initial consultation. You deserve to go through this ordeal with a committed defense attorney on your team.
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  • Published in Criminal, Deportation, Shoplifting
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Georgia Attorney Addresses Shoplifting

Thursday, 14 December 2017 by Kara Lawrence

What to do If You’ve Been Arrested For Shoplifting?

Because shoplifting is a common first criminal offense, many defendants are eligible for Georgia’s pre-trial intervention diversion programs. These programs allow certain first time offenders to avoid criminal prosecution altogether, so long as they meet certain requirements and avoid reoffending.

In addition to serious fines and jail time, a criminal conviction can impact your ability to find work for many years to come, as your criminal history and mug shot will be readily available in background checks.

If you want to minimize the consequences of a shoplifting charge, particularly if you are not a US citizen, then it is important to find an attorney with experience handling exactly these kinds of cases. We can advise you about all of your options, helping you make informed legal decisions in the long process to come. If there is any way to have the charges dropped, reduced, or to secure a favorable plea deal, it is important to have legal representation to help you understand this process and avoid the many pitfalls.

The legal process may move slowly after you’ve been arrested, but that doesn’t mean you can wait to start protecting yourself.  If you or a family member has been arrested for a shoplifting offense, call us at 678-324-8511 or click here to discuss the particulars of your case by scheduling an initial consultation. You deserve to go through this ordeal with a committed attorney on your team.

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  • Published in Criminal, Deportation, Deportation Defense, Shoplifting, Theft
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Georgia Criminal Immigration Attorney Addresses Shoplifting

Tuesday, 05 December 2017 by Kara Lawrence

Shoplifting is a common first offense, which means many people charged with this crime have no idea what will happen next. In Georgia, shoplifting can be charged as a felony, and even a first conviction can have lifelong consequences in addition to jail time and fines. Many people arrested for shoplifting in Georgia have a dizzying number of questions.

If you’ve been charged with shoplifting in Georgia, do not make the mistake of taking these charges lightly, even if it’s your first offense. And especially if you are undocumented or have yet to naturalize. Georgia police and courts take these charges very seriously, and they can be charged as misdemeanors and felonies depending on the circumstances of the arrest. If you need help fighting shoplifting charges or have a shoplifting charge on your record, don’t wait to call us.

Even a misdemeanor like shoplifting or petty theft can be upgraded to aggravated felony under immigration law. Shoplifting is considered aggravated felony if the actual sentence from the court is one year or longer of jail time, even if you don’t serve jail time due to a suspended sentence.

The legal process may move slowly after you’ve been arrested, but that doesn’t mean you can wait to start protecting yourself. If you or a family member has been arrested for a shoplifting offense, call us at 678-324-8511 or click here to discuss the particulars of your case. You deserve to go through this ordeal with a committed attorney on your team.

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  • Published in Criminal Defense, Deportation, Deportation Defense, Immigration, Moral Terpitude, Shoplifting
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