Being accused of shoplifting can be frightening and confusing—especially when it happens in a large retail store like Target, Walmart, Macy’s, or Sephora. These companies typically have dedicated loss prevention departments, surveillance systems, and strict internal procedures that make shoplifting allegations serious and complex.
If you’re facing accusations of theft in California, it’s crucial to understand your rights, the potential consequences, and what steps to take to protect yourself. At Flores Legal Allies, we work closely with clients in San Diego and Los Angeles to ensure they’re not railroaded by aggressive prosecution or intimidated by large corporations.
This guide outlines what happens after a shoplifting accusation and how you can respond strategically with the right legal support.
What Is Shoplifting Under California Law?
Under California Penal Code § 459.5, shoplifting is defined as:
“Entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property taken or intended to be taken does not exceed $950.”
This means that even if you didn’t leave the store, but you entered intending to steal something worth less than $950, you could still be charged with shoplifting.
For items over $950, or if there are aggravating factors like prior convictions or violence, the charge can escalate to grand theft, which carries harsher penalties.
What to Expect After Being Accused of Shoplifting
1. Being Stopped by Loss Prevention
Most major retail stores have plainclothes or uniformed loss prevention officers (LPOs). These individuals are not police officers, but they are trained to observe suspicious behavior and detain suspected shoplifters.
If they believe you’ve shoplifted, they may:
- Stop you as you exit the store
- Ask you to return to a back office
- Request to search your belongings (note: you are not legally required to consent)
- Ask you to sign a confession or document
- Threaten to call the police
Important: Remain calm and do not physically resist. You have the right to remain silent. You also have the right to request an attorney before speaking or signing anything.
2. Police Involvement
In many cases, especially with chain stores, the police will be called. You could be:
- Cited and released at the scene (like a ticket)
- Arrested and booked, depending on the value of items, your past record, and the store’s policies
3. Criminal Charges
You will likely face one of the following:
- Infraction (for very minor thefts)
- Misdemeanor (most common for first-time offenders and amounts under $950)
- Felony (if the value is over $950, or you have prior convictions)
A court date will be set, and you must appear—even if the store decides not to pursue civil action.
Civil Demand Letters from Retailers
One confusing aspect for many people is receiving a civil demand letter shortly after the incident. This letter typically comes from a law firm representing the retailer and demands payment of up to $500–$1,000 as a civil penalty, regardless of the actual value of the item stolen.
Is It Legal?
Yes, under California Penal Code § 490.5, retailers can pursue civil penalties. However, paying this civil fine does not eliminate your criminal charges.
You should speak to a lawyer before paying. In some cases, paying the fine can be seen as an admission of guilt. In other cases, it may be a strategic move depending on the criminal process.
Legal Consequences of a Shoplifting Conviction
If convicted, consequences may include:
- Jail time (up to 6 months for a misdemeanor)
- Fines (up to $1,000 or more)
- Probation (often with mandatory theft classes or community service)
- Criminal record (which can affect employment, immigration status, and housing)
For non-citizens, even a misdemeanor conviction can carry serious immigration consequences, including deportation or denial of naturalization.
What If You’re Innocent or It Was a Mistake?
Shoplifting cases often rely on store surveillance, witness testimony, and statements made under pressure. However, innocent people get accused all the time for reasons like:
- Forgetting to pay due to distraction
- Children placing items in carts or bags
- Cashier or scanner errors
- Misunderstandings about returns or exchanges
- Racial profiling or biased assumptions
You have the right to challenge the charge and present your side. At Flores Legal Allies, we carefully examine every piece of evidence to defend clients against wrongful accusations.
First-Time Offenders: Diversion and Pretrial Options
If this is your first offense, and no violence or high-value theft is involved, you may be eligible for diversion programs. These allow you to avoid a conviction by completing specific court-ordered tasks, such as:
- Theft education classes
- Community service
- Counseling
- Restitution to the store
Once you complete the requirements, the charge is dismissed. You can then pursue expungement to clear the arrest from your record.
Your attorney can negotiate with the prosecutor for this outcome, especially if the incident was minor and you’ve shown good character.
The Role of a Criminal Defense Attorney
Many people accused of shoplifting—especially in chain stores—feel overwhelmed by the weight of the system. Large retailers have powerful legal teams. Police and prosecutors can be aggressive. But you are not powerless.
Here’s how a skilled criminal defense lawyer like Andrew Flores at Flores Legal Allies can help:
- Protect your rights from the start
- Challenge weak or biased evidence
- Negotiate for lesser charges or diversion
- Fight for dismissal or acquittal at trial
- Prevent a permanent criminal record
- Provide peace of mind in a stressful situation
We understand how a moment can spiral into a life-changing event. Our mission is to bring clarity, compassion, and control back into your life.
Why Major Retailers Push for Prosecution
Large retail companies often pursue aggressive legal action to:
- Deter future theft
- Recover losses
- Maintain internal policies
- Avoid employee favoritism or bias
- Build partnerships with law enforcement
They may pressure prosecutors to file charges—even in minor or first-time cases. That’s why it’s essential to have your own advocate fighting for you.
Tips if You’re Accused of Shoplifting
- Don’t admit guilt or try to explain on the spot Anything you say may be recorded or used against you later.
- Avoid signing documents without reading Loss prevention may try to get you to sign a confession. Politely decline until you speak with a lawyer.
- Be respectful but firm You can cooperate without waiving your rights.
- Contact a defense attorney immediately Early legal help can make a significant difference in how your case is handled.
How We Can Help
At Flores Legal Allies, we know how intimidating it is to be accused of shoplifting—especially when facing powerful companies, courts, and prosecutors. But you’re not alone.
We’ve helped countless individuals across San Diego and Los Angeles navigate shoplifting accusations with dignity and strength. Whether you’re a first-time offender seeking diversion or someone wrongly accused, we’re here to help you regain control of your future.
We don’t just defend you—we stand beside you. Call us today to schedule a confidential consultation and let us help turn this difficult moment into a path forward.
