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PROVO OREM RETAIL THEFT CRIMINAL DEFENSE ATTORNEY

Being charged with a Utah Retail Theft charge can have difficult collateral consequences. Retail Theft Charges are similar to convictions for fraud, false statements and other crimes of dishonesty. Retail Theft is a charge you will want to avoid due to severe consequences not just to your employability, but also to your reputation.

PROVO OREM RETAIL THEFT OFFENSES:

Utah’s Retail Theft is broken up into three difference categories depending on the value of items allegedly stolen.

(1). $1 to $500. A Class B Misdemeanor. If the value of the item allegedly stolen is less than $500, then the Retail Theft is charged up as a Class B Misdemeanor.

(2). $500 to $1,500. A Class A Misdemeanor. If the items allegedly stolen are valued from $500 to $1,500, the prosecuting attorney may charge the alleged Retail Theft as a higher offense, a Class A Misdemeanor.

(3). $1,500. A 3rd Degree Felony.

RETAIL THEFT ENHANCHABILITY–Look back Period

A good Utah Retail Theft criminal defense attorney will always tell their client that Retail Theft convictions are enhanceable. Enhanceable offenses are where the prosecutor can charge a degree higher upon the new charges if there are past convictions within a certain time-frame.

Utah’s Retail Theft have a 5 year look back period and allow the prosecutor, upon a second offense of Retail Theft, to charge the new offense one degree higher if the criminal defendant has a prior conviction with 5 years.

Basically, if you have been convicted of Retail Theft within 5 years of the new charge, that new charge can be enhanced one grade.

Many Utah criminal charges are enhanceable. Here are some common Utah criminal charges that are enhanceable:

Retail Theft. DUIs, Drunk Driving, Reckless, Impaired Driving, Boating Under the Influence, Drug Possession and Domestic Violence.

RETAIL THEFT PLEAS IN ABEYANCE.

Sometimes, if you can obtain a first-time offender exception, you may be eligible for a Plea in Abeyance. Generally you are only eligible for a Plea in Abeyance if you are a first-time offender.

You can read this deeper article on Utah Pleas in Abeyance here for more details.

Your Provo Orem Retail Theft criminal defense attorney is able to secure a first timer Plea in Abeyance. Any subsequent charges of Retail Theft can still use that previously dismissed Retail Theft charge for enhancement purposes.

RETAIL THEFT RESTITUTION ISSUES.

With any conviction for Retail Theft, you will be required to pay criminal restitution. Criminal restitution in simple Retail Theft classes can be the cost of the items stolen from Walmart, where the value and assessment of restitution is easy to ascertain.

Where the value of what was stolen is less easily determined, a good Retail Theft attorney can seriously help you out in valuation disputes. For example, a stolen antique item could have very different valuations between the defendant and prosecuting attorney.

LARGE RESTITUTION PAYMENT.

When large, or serious amounts of property is stolen, one big issue can be ensuring the stolen items are returned to the crime victim. This can be accomplished by having the defendant ensure that items stolen are returned, or by guaranteeing to the prosecuting attorney that a lump sum restitution payment is made prior to sentencing. Lump sum payments from the prosecutor’s view point allow the crime victim to make some immediate recoupment of his losses caused by the Retail Theft.

RETAIL THEFT EXPUNGEMENT PROCESS.

When you are convicted of Retail Theft and you qualify for an expungement of those charges or convictions, here are the waiting periods.

Class B. Retail Theft. 4 Years.

Class A. Retail Theft. 5 Years.

3rd Degree Retail Theft.

2nd Degree Retail Theft.

The clock starts ticking when the case completely and successfully closes. If your Retail Theft case closes unsuccessfully because you couldn’t pay off the restitution amounts, you will never be able to receive an expungement for the Retail Theft conviction. Paying off your Provo Orem Retail Theft restitution has ramifications on whether you can receive an expungement when the eligibility periods run.

PROVO OREM RETAIL THEFT RULE 402 REDUCTONS.

Even when a defendant is eligible in the future for an expungement, a good Provo Orem Retail Theft criminal defense attorney will ask the court for a Rule 402 Reduction prior to the expungement period running.

A Rule 402 Reduction is where the court unilaterally reduces the severity of the Retail Theft conviction down one grade in severity. For example, if the court grants the defense a Rule 402 Retail Theft Reduction, the conviction would be reduced from a Class B Misdemeanor to a Class A Misdemeanor. Or, the conviction could be reduced from a 3rd Degree Felony to a Class A Misdemeanor. Moving your conviction down a grade in severity helps alleviate the pain associated having a criminal conviction and especially a Retail Theft conviction.

RETAIL THEFT CRIMINAL DEFENSES.

(1). Lack of a Criminal Mind. The prosecutor must prove beyond a reasonable doubt that you intended to steal the item. You must possess the criminal intent to steal. If you accidentally walked out of the store, that is not enough because you did not intend to steal, but only made a mistake. Another mishap can occur if your children dumped items from the grocery store shelves into your cart. In that scenario, you lacked the criminal intent to steal, rather it was a mistake, and mistakes are not the required criminal mind.

(2). Retail Theft Value Issues. The prosecutor must prove beyond a reasonable doubt that the items allegedly stolen fit the value categories in the statute. Meaning, if you are charged with a Class A Misdemeanor, the items allegedly stolen must be valued between $500 and $1,500.

Sometimes an expert witness is needed to value the allegedly stolen item. Further, the valuation of the allegedly stolen item must be proved beyond a reasonable doubt. Many items stolen from Walmart are easy to value because there is a price tag right on the stolen item.

When used items are stolen and their value is clearly under $500, there will be sufficient proof to establish that the item is valued at at least $1.00. When used items are not so easy to value, then an expert witness will need to be used to value the item for the appropriate charge.

Sometimes there can be a battle of the experts as to what the value of the allegedly stolen items are.

(3). Identification Defense. There are times when the cops simply have the wrong person due to the surveillance footage’s poor quality. Poor quality video showing someone stealing can be misinterpreted. Misidentification can especially occur where the Retail Theft arrest does not occur on the scene, but days later.

COMMON PROVO OREM RETAIL THEFT SANCTIONS.

If you are convicted of Misdemeanor Provo Orem Retail Theft, here are the common aspects of your criminal sentence that your Retail Theft attorney will need to watch.
A. 12 months court probation. B. $683 fine. C. Payment options. D. Retail Theft prevention education class. E. Restitution amount and fair valuation.

PROVO OREM RETAIL THEFT CRIMINAL DEFENSE ATTORNEYS.

Call today for your free consultation regarding your Provo Orem Retail Theft charges. The first meeting is free and hiring the right attorney to analyze your Provo Orem Retail Theft charges can make all the difference. Call Provo Orem Criminal Defense Attorney Jake Gunter for a free consultation. (801) 373-6345.

PROVO OREM RETAIL THEFT CRIMINAL DEFENSE RESOURCES:

Here are some classic Provo Orem Retail Theft criminal defense resources.

Provo City Justice Court.
Phone: 801-852-6878
Judge
V. Romney (as of 03/2018).

Orem City Justice Court.
Phone: 801-724-3900
Judge Reed Parkin (as of 03/2018)

Provo City Police Department:
phone 801-852-6000
Orem City Police Department: 801-229-7070

Utah Fine Bail Schedule.

Utah Retail Theft Statutory Scheme. Utah Code Ann. (2018).

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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