Being charged with shoplifting means you've been accused of a form of larceny that involves intentionally taking merchandise without paying for it. Depending on the item's value and your prior criminal record, you can be charged with a misdemeanor or felony, requiring you to pay a fine or serve jail time. However, defendants have legal rights to post bail until trial and form a defense with attorney representation, which may include a lack of intent or civil compromise.
As of 2025, stores lost a total of $47.8 billion from theft, but stores only catch these thieves 2% of the time, according to Capital One Shopping. If you commit or are accused of such an act, you risk increasingly severe consequences as more states crack down to stop the trend.
What Happens During An Arrest for Shoplifting?
Standard shoplifting arrest procedures start with detaining the suspect after probable cause. From there, police investigate by getting statements and reviewing store security footage.
If there's evidence of shoplifting, the suspect is usually arrested. What happens after the arrest depends on whether the defendant faces a minor theft charge or grand larceny.
Minor vs Grand Larceny
This charge comes down to the monetary value of the shoplifted items. A grand larceny felony has an average threshold of $1,169 in the United States, with the general range being $500 to $1,000, according to World Population Review. One can face a fine or up to 12 months in jail as a Class 1 misdemeanor.
However, the following states have a felony threshold of $2,000 to $2,500:
- Wisconsin
- Texas
- Pennsylvania
- South Carolina
- Colorado
New Jersey's felony theft amount is as low as $200.
Grand larceny can come with up to 20 years in prison, in addition to a fine, in some states. However, if one commits several shoplifting incidents, it can add up to a grand larceny charge. According to the United States Sentencing Commission, the average sentence for property destruction and theft was 22 months.
How Can a Shoplifter Prepare for Defense?
If you've been caught red-handed, you still have a chance for a criminal defense for theft. Accidentally forgetting something in a cart, showing attempts to correct the mistake, and offering a compromise may help your case.
Civil Compromise
Civil compromise is when the defendant agrees to repay the retail victim for any losses. In other words, you may agree to pay for the item you allegedly shoplifted. Payment may also be for the cost of loss prevention. As a result of this compromise, the store owner agrees not to prosecute the case.
No Intent to Steal
Can you prove there was no intent to steal? If you can prove it was a mistake, such as:
- Confusion at self-checkout
- Something was accidentally left at the bottom of a cart
- Attempt to correct the mistake by returning the item
- Attempt to pay after realizing the error
Then, you may have a defence case to use.
Can I Get Bail?
Yes, you can get bail on a shoplifting charge. The bail amount is usually set based on the value of stolen items and the defendant's criminal history. Unless you're released on your own recognizance (promise to appear in court), you'll need to pay bail for release.
The team at Bail 2 GO is available to help 24/7 for cases in Orlando, FL. Contact one of our bail bondsmen who'll guide you through the process to get you or your loved one out on bail.
Racial Disparities in Bail
The need to understand your rights to get bail increases based on racial demographics. According to the Prison Policy Initiative, Black felony defendants in large urban areas have over a 25% higher chance of being held before trial, with young Black men having a 50% higher chance. In many cases, the bail can be twice as high as what's set for white defendants.
What Is Typical Punishment When Charged With Shoplifting?
Factors such as economic strain, easy resale options, and organized gangs have led to an uptick in retail theft in recent years. Therefore, the consequences of shoplifting have increased to help retailers protect their business revenue and staff safety.
Punishment for these charges may include:
- A permanent record
- Jail time
- Store ban
- Being sued for the value of the goods
- Fines
- Deportation
Frequently Asked Questions
How Many People Are in Jail Because They Can't Pay Bail?
Of the millions of people who go to jail annually, over 60% remain there due to inability to pay cash bail, according to the U.S. Commission on Civil Rights. Since they haven't been convicted of a crime in court yet, these people are legally innocent.
Some may be in jail for over a year awaiting trial. This happens disproportionately with Black defendants who increasingly receive higher bail amounts that are harder to pay.
What Is the Banana Trick at Self-Checkout?
Shoplifting isn't just stealing an item, but also falls under intentionally hiding or changing the price of something you're trying to buy. A common trick used at self-checkout involves placing a more expensive item, like a steak, on the scale. The person then keys in the code for something much cheaper, such as bananas.
As a result, the person can pay a fraction of the actual cost of the expensive item. However, retailers are combating this trend by using AI to visually verify items. If you use self-checkout, you may also notice staff circling around or near the exit. Some stores also have camera monitoring at each checkout kiosk.
Get Legal Advice for Shoplifting Today
Being charged with shoplifting can be a minor theft or become a more serious felony charge based on the value of what you steal and the state you're in. Sometimes it may be an oversight due to a mistake in self-checkout or accidentally leaving something in a cart.
However, if you are charged with this action, it can be costly, from expensive fines to having to post bail. Therefore, it's important to understand what shoplifting is, why you should avoid it, and your rights in case you face a conviction.
Do you understand more about shoplifting charges and your rights to bail now? Read more exciting content throughout our website.
This article was prepared by an independent contributor and helps us continue to deliver quality news and information.
