Economic downturns and difficult financial times often lead to an increase in shoplifting cases. While the term “shoplifting” often calls to mind hiding merchandise to carry it out of the store, there are various actions that fall under the definition of retail theft. If you or a loved one is facing charges, it’s important to understand the details of retail theft laws and equip yourself with an experienced retail theft lawyer in Utah.
Client was accused of leaving the scene of an accident in Riverton, case dismissed.
SLC DUI
Dismissed!
Client's 2nd offense. Argued suppression motion, case dismissed.
Davis County Assault
Dismissed
Client charged with assault in Davis County. Cased was dismissed.
West Jordan Burglary
Burglary Case Dismissed
Client accused of breaking into vehicle, stealing items, then fleeing the scene.
Draper DUI
Dismissed
Client charged with DUI. Case Dismissed.
Draper DUI
Reduced
DUI charge dropped to reckless
Provo DUI
DUI Dismissed
Client was stopped at DUI check point, failed FSTs, blew below the legal limit, but had other substances in his system.
Draper DUI
DUI Dismissed
Client found in car, passed out, alleged drugs in system.
Domestic Violence, Midvale
Case Dismissed
Domestic Violence case in Midvale, case DISMISSED.
Domestic Violence and Burglary, Salt Lake 3rd District
Case Dismissed
DV and Burglary case dismissed in Salt Lake 3rd District
DUI - South Jordan
Dismissed
Accused of DUI with prescription drugs with an accident in South Jordan, case dismissed.
Dog Attack, Salt Lake County
Case Dismissed
Dog attack case in Salt Lake County
Domestic Violence, Sandy
Case Dismissed
DV in Sandy, client accused of fighting with girlfriend, case dismissed.
Domestic Violence, Salt Lake County
Case Dismissed
DV in Salt Lake County, client accused of attacking her daughters boyfriend, case dismissed.
DUI, West Jordan
THC DUI Dismissed
Kira Eoff, West Jordan, THC DUI dismissed
DUI - West Jordan
Dismissed
DUI in West Jordan, pulled over for swerving, dismissed.
DUI - Provo
Dismissed
DUI dismissed in Provo, bad driving pattern, thought it was drugs, failed FSTs, and DRE exam.
DUI - Holladay
Jury Verdict of Not Guilty
DUI charge, client had actual physical control with a high BAC, verdict not guilty.
Theft - Layton, UT
Case Dismissed
Target employee charged with theft in Layton, case dismissed.
Murray, UT - DUI.
Case Dismissed!
Stopped for speeding, failed FSTs.
West Jordan, Ignition Interlock Violation
Case Dismissed!
Client accused of driving with an ignition interlock device.
Herriman, DUI
Case Dismissed!
Client accused of DUI, had a blood draw result of .08, got a second opinion that showed .075.
West Valley City, Domestic Violence Assault
Case Dismissed!
Client was accused of assaulting her husband.
Murray, UT - Possession of Drug Paraphernalia
Case Dismissed!
Cops found items in the car, claimed there was a drug deal.
Lehi, Child Abuse
Case Dismissed
Client was accused of hitting son.
West Jordan, Seven 2nd Degree Felony Counts of Check Fraud
Case Dismissed!
Client was accused of fraudulently writing checks on accounts that were closed.
Provo, UT - DUI
Case Dismissed!
Client drinks at party, comes back and falls asleep in car, fails FSTs, arrested for DUI.
Murray, UT - Retail Theft
Case Dismissed
Client was in Costco, put item in purse, security claimed she was stealing property.
SLC, UT - Domestic Violence Assualt
Case Dismissed
Client was in a fight with boyfriend, charged with Domestic Violence (DV).
Holladay, UT - DUI
Case Dismissed!
Ran from a DUI checkpoint. Failed FSTs.
Salt Lake City - Felony Child Non-Support
Case Dismissed
Client owed over $55,000 in child support arrears.
Theft - Provo Justice Court
Case Dismissed
Client was buying bikes off KSL and ended up with stolen bikes.
Theft - Taylorsville Justice Court
Case Dismissed
Client was accused of stealing supplies from a salon.
Aggravated Assault Charge - Salt Lake 3rd District Court
Case Dismissed
Client was accused of pulling a gun on his girlfriend and threatening to kill her.
Provo, UT - Theft
Case Dismissed!
Client was buying bikes off KSL and ended up with stolen bikes.
American Fork, UT - DUI
Case Dismissed
Client was stopped for a registration issue, failed the field sobriety tests and blew in the intoxilyzer twice.
Alcohol Restricted Driver and Driving on a Suspended License - Sandy Justice Court
Case Dismissed
Client was accused of driving on a restricted and suspended license.
DUI - Salt Lake County
Jury Verdict of NOT GUILTY
Client failed field sobriety tests, had a poor driving pattern, & refused breath test.
DUI - Clearfield, UT
Case DISMISSED!
Client was driving a big rig, and we were able to save his job.
Possession of Drugs - Utah County
Case DISMISSED!
Client was stopped and improperly searched.
Assaulting an officer, resisting arrest - Salt Lake City, UT
Jury verdict of NOT GUILTY!
Client was investigating friend being restrained by cops and cops attacked him.
DUI, Lehi
DUI dismissed
Client was charged wrongfully. Restored his license, got the charges dismissed!
DUI, Midvale
Jury verdict of NOT GUILTY!
Client blew a .80.
DUI, Midvale
Jury verdict of NOT GUILTY!
Client claimed he was not the driver, even though cops thought he was.
DUI, Draper
Jury verdict of NOT GUILTY!
Client was driving the wrong way on a one-way road, failed FSTs.
DUI, St. George
Jury verdict of NOT GUILTY!
Client was asleep in his car, with stereo on. Cops came and called it
Aggravated assault, Salt Lake 3rd District.
Jury verdict of NOT GUILTY!
Client was accused of pulling a knife on a man in a Wal-mart parking lot.
Retail Theft, Orem
Plea in Abeyance
Client had stolen items from a local retailer, had admitted everything to police and was able to keep her record clean.
Under age consumption, Davis 2nd District
Plea in Abeyance.
Clients were at a party when all were caught drinking. Were able to keep records clean.
DUI, Vernal
Case DISMISSED!
Client was stopped for license plate light being out and for having it improperly displayed. Had a BAC of .17.
Possession of Drugs, Salt Lake City
Case DISMISSED!
Client was at a pizza place, eating in the parking lot when cops arrived, suspicious of their activity.
Domestic Violence, Taylorsville
Plea in Abeyance
Client called the police when upset, didn't mean to get cops involved, but we were able to save his record.
Domestic Violence, Lehi
Plea in Abeyance to disorderly conduct as an infraction
Client was going through a divorce, his spouse would not allow him to see their child or leave. Cops blamed him.
Stalking, Park City
Plea in Abeyance
Charges reduced, and offered in abeyance, so client's record would stay clean. She was accused of stalking a member of the Mormon Tabernacle Choir, was a teacher, and was able to keep her record clean.
Aggravated Assault, Davis 2nd District
Charges reduced to disorderly conduct as an infraction, no jail time, minimal fine
Client was seen entering Wal-mart with a gun after making apparently threatening phone calls to his former manager.
Retail theft, Salt Lake
Plea in Abeyance.
Client was a college student, accidentally walked out of the store without paying for a cup of soup, but had paid for everything else. Was able to keep her record clean.
DUI, West Valley
Jury Verdict of NOT GUILTY!
Client was a former ski patroller and hopeful to get on with an ambulance crew. He was accused of driving off the road with prescription medication in his system. He suffered from strokes.
Traffic violation, Spanish Fork
Verdict of NOT GUILTY!
Client was a truck driver and had been in an accident. The judge found him not guilty as charged.
Theft of services, Salt Lake 3rd
Case DISMISSED!
Client was accused of stealing services from a shop. Were able to prove that her signature had been forged.
DUI, South Salt Lake
Jury verdict of NOT GUILTY!
Client was accused of driving with alcohol in her system on a second offense, then subsequently refusing the breath test.
DUI, Salt Lake Airport
Case DISMISSED!
Client was accused of driving through the airport while DUI, was arrested prior to field sobriety tests being administered.
Taking merchandise out of a store without paying for it is shoplifting, but there are other activities that can also be charged as retail theft. In Utah, retail theft encompasses actions that seek to pay less than an item’s true price or to take an item without paying at all.
This includes:
Causing a sales device or cash register to display a lower price than an item’s true price, also called under-ringing
Changing the packaging or display of an item in order to pay for a lower-priced item but take a higher-value one
Removing, transferring or altering a price tag
Purchasing or attempting to purchase an item with an altered or transferred price tag
Removing a shopping cart from the premises of the retail establishment
Hiding merchandise
This is not an exhaustive list of all actions that can be charged as retail theft. If you are facing charges, the best way to proceed is to reach out to a lawyer who can assist with your specific case.
Possible Charges and Penalties for Retail Theft and Shoplifting
In Utah, the category and possible penalties for retail theft and shoplifting depend on the value of the stolen items and the other circumstances of the incident. In general, possible charges and penalties are as follows:
Class B misdemeanor: Retail theft of merchandise valued at less than $500 can result in a Class B misdemeanor, carrying penalties of up to 6 months in jail and a fine of up to $1,000.
Class A misdemeanor: If the stolen merchandise is valued between $500 and $1,500, the offender may face a Class A misdemeanor, with penalties of up to 1 year in jail and a fine of up to $2,500.
Third-degree felony: If a person is convicted of two theft charges within ten years or if stolen merchandise is valued between $1,500 and $5,000, the crime is usually tried as a third-degree felony. This can come with penalties of up to five years in prison and up to $5,000 in fines.
Second-degree felony: If the offender is armed with a weapon, if the items stolen are firearms or vehicles, or if the stolen merchandise totals more than $5,000, the offense will likely be charged as a second-degree felony. Penalties for second-degree felonies include up to 15 years in prison and up to $10,000 in fines.
At any level, shoplifting and retail theft convictions can carry lifelong consequences. Working with an experienced attorney is the best way to preserve your quality of life and protect your rights.
Facing retail theft and shoplifting charges is no small matter. Regardless of the value of the merchandise stolen or the circumstances of the incident, there are serious penalties on the line. Having an experienced attorney like Branson West Law by your side to help you navigate the legal processes and the complexity of Utah laws is the best way to protect yourself and your rights.
With more than 16 years of experience as a criminal defense attorney, Branson West Law knows how to handle your case.