Black Friday is the busiest shopping day of the year, where retailers are flooded with eager shoppers vying for deep discounts. While it’s the time for incredible bargains, it also comes with its own set of risks. With massive crowds, long lines, and pressure to snag the best deals, shoplifting incidents, both intentional and accidental, are common during this chaotic shopping period. If you’re arrested for shoplifting during Black Friday, the consequences could be severe, ranging from criminal charges to a permanent mark on your record. However, there are steps you can take to protect your future and avoid long-lasting repercussions. Here’s what you need to know and how to handle a shoplifting arrest during this high-pressure shopping season.
The Serious Consequences of a Shoplifting Charge 
While shoplifting might seem like a minor offense to some, its impact on your life can be devastating. In Colorado, shoplifting can be classified as either a misdemeanor or a felony depending on the value of the stolen items. For instance:
- Misdemeanor Charges: If the value of the stolen merchandise is less than $50, you could face a misdemeanor charge, resulting in fines, community service, or a short jail sentence.
- Felony Charges: If the value exceeds $50, you could be charged with a felony, which carries significantly harsher penalties, including larger fines and long-term imprisonment.
Regardless of the severity of the charge, a conviction can severely affect your personal and professional life. A criminal record can lead to difficulties finding employment, securing housing, or pursuing educational opportunities. This is why it’s essential to take swift action to protect your record and your future.
Why Legal Representation is Crucial
If you’ve been arrested for shoplifting on Black Friday, the first and most important step you need to take is to consult with a skilled criminal defense attorney. Legal experts, such as those at Hebets & McCallin P.C., offer free consultations to help you assess the best possible course of action. An experienced lawyer will review the specifics of your case, identify any potential weaknesses in the prosecution’s evidence, and explore avenues for getting the charges reduced or dismissed.
The right lawyer can fight to minimize the impact of your arrest on your criminal record, and they will guide you through the complex legal process, making sure your rights are protected every step of the way. Legal representation can also help you avoid the common pitfalls many individuals fall into when they attempt to navigate the criminal justice system on their own.
What to Do Immediately After Your Arrest
Getting arrested on Black Friday can be overwhelming, especially when you are caught in a high-pressure situation. However, there are key actions you can take to protect your rights from the moment you’re arrested:
- Remain Silent: You have the right to remain silent, and it is crucial that you exercise this right. Anything you say can be used against you in court. Even if you are innocent, the police are trained to get you to admit guilt. Remain calm, and politely decline to answer any questions until your attorney is present.
- Do Not Resist Arrest: While it may feel unfair, resisting arrest can lead to additional charges. Avoid confrontation and comply with the officers during the arrest process. You can challenge the legality of the arrest later with the help of your attorney.
- Request Legal Representation Immediately: Once you’ve been arrested, ask for an attorney. You are entitled to legal counsel, and you should not speak to law enforcement without your lawyer’s advice.
- Collect Evidence: If you have any receipts, witnesses, or video footage that can support your innocence, gather them. These pieces of evidence can be crucial in challenging the charges or reducing the penalties you face.
Possible Defenses to Shoplifting Charges
There are several legal defenses your attorney can explore to protect your record. Some common defenses to shoplifting charges include:
- Lack of Intent: In many shoplifting cases, a key component of the charge is proving intent. If you accidentally took an item or were unaware that you did, your attorney could argue that there was no intent to steal. For example, if you were distracted while shopping or had an item in your bag that you forgot to pay for, your lawyer can present this as a defense.
- Mistaken Identity: If there is any doubt about whether you were the person who actually committed the crime, a mistaken identity defense might apply. Surveillance footage or eyewitness testimonies that place someone else at the scene could undermine the prosecution’s case.
- Insufficient Evidence: In some cases, the evidence against you may not be strong enough to prove beyond a reasonable doubt that you committed shoplifting. Your attorney can challenge the evidence, whether it’s the video footage, witness testimony, or the merchandise in question.
- Entrapment: If law enforcement officers or store security officers pressured or encouraged you to shoplift, your attorney may be able to argue entrapment, which could result in the charges being dismissed.
Each case is unique, and the right defense depends on the circumstances surrounding your arrest. A qualified attorney will analyze your case in detail and recommend the best possible defense strategy.
What Happens If You Are Convicted?
If you’re convicted of shoplifting, the consequences can be severe and long-lasting. A criminal conviction will stay on your record and may affect your future in many ways, including:
- Employment: Many employers conduct background checks, and a conviction could prevent you from landing the job you want.
- Housing: Landlords may refuse to rent to you if you have a criminal record.
- Financial Aid: A conviction can make you ineligible for certain scholarships or financial aid programs for school.
Fortunately, there are options for reducing the impact of a conviction. In Colorado, you may be able to have your criminal record sealed, which would prevent the charge from appearing on most background checks. Record sealing is often available for individuals who are convicted of certain crimes, including shoplifting, after they’ve completed their sentence. However, this process is not automatic, and you’ll need to work with an attorney to navigate the legal steps.
Steps to Take After a Shoplifting Conviction
If you are convicted, there are still ways to protect your future:
- Sealing Your Criminal Record: In Colorado, you may be eligible to have your criminal record sealed if you were convicted of shoplifting. Once sealed, the record will not appear on background checks conducted by most employers, landlords, or other entities. Your attorney can assist you with the sealing process.
- Expungement: In some cases, you may be eligible to have your record expunged, meaning it will be completely erased from public records. Expungement is a more difficult process than sealing, but it may be possible in certain circumstances.
- Expedited Legal Process: If you’re eligible for record sealing or expungement, the legal process can take some time. Be patient and consult with your attorney about the best way to move forward.
The Role of Your Attorney in Protecting Your Record
The best way to avoid a criminal conviction and its consequences is to work closely with an experienced criminal defense attorney. A skilled lawyer can help in numerous ways:
- Negotiating with Prosecutors: An attorney can work to negotiate a plea deal that results in lesser charges, which could help reduce the impact on your criminal record.
- Exploring Alternative Sentences: Your lawyer may be able to secure an alternative sentence, such as community service or probation, in lieu of jail time.
- Sealing or Expunging Your Record: If convicted, your attorney can assist you in sealing or expunging your record, giving you a fresh start.
A shoplifting charge can feel overwhelming, especially when you’re arrested during the chaos of Black Friday. However, there are steps you can take to minimize the damage and protect your future. Seeking legal representation is crucial, as a qualified attorney can guide you through the legal process, help reduce charges, and, if necessary, assist in sealing or expunging your record.
If you’ve been arrested for shoplifting, don’t hesitate to reach out to Hebets & McCallin P.C. for a free consultation. Our experienced attorneys are here to help protect your rights and your future.
Contact Hebets & McCallin P.C. today to schedule a free consultation. Let us help you protect your record and avoid long-lasting consequences.