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Shoplifting is a serious offense, and any minor stopped for shoplifting can face serious consequences. William G. Yarborough is a former prosecutor turned defense lawyer. He understands how confused many minors and their parents feel after any arrest. They have important questions and need clear, accurate answers to determine the best path forward.
The juvenile justice system in South Carolina is different from the adult system. The focus is on rehabilitating the offender, and minors are judged “delinquent” instead of guilty. Nonetheless, there are wide-ranging juvenile shoplifting consequences. Call our law firm to speak with an experienced Greenville criminal defense lawyer. Although it might feel as if no one has your back, we are prepared to defend any minor convicted of a crime.
What Are the Significant Juvenile Shoplifting Consequences?
What are the consequences of shoplifting for a minor (someone 17 or younger)? Here is what you or your child is looking at:
Restitution
If the police did not find the item stolen, then you will need to pay the store owner for the value of anything taken. Restitution is a common part of shoplifting cases.
Juvenile Detention
Many parents are worried their child will end up in juvenile detention (“juvie”). The law allows juveniles to be sent to a detention facility; however, this usually happens only for the most serious crimes or for repeat offenders. A minor is unlikely to end up in detention for a first-time shoplifting offense. But if there are other offenses in your child’s history, then certainly mention them when talking with an attorney. A judge looks at a minor’s entire criminal history.
Probation
Probation is an alternative to detention. A juvenile can be placed on probation by the family law court with restrictions or conditions, such as:
- Regularly checking in with a probation officer;
- Curfews: the minor needs to be home at a certain time each night;
- Mandatory school attendance.
There may be other conditions. It is vital that a juvenile meet all conditions to show they are rehabilitating themselves.
Maintaining good relations with a probation officer is also key. The probation officer is the main intermediary between the offender and the courts, and the officer might report a minor for violations of the terms of probation. That could result in the court modifying probation to make it stricter. The judge might also extend the duration of probation or even send the juvenile to a detention facility.
Community Service
Juveniles regularly perform community service after being found delinquent. Many judges see community services as building character, which is a key part of rehabilitating juveniles.
Does Shoplifting as a Minor Stay on Your Record?
A criminal record is a terrible burden for any 18-year-old starting. Whenever you apply for a job or even college, you will need to disclose your criminal history. That includes any theft-related offenses. Some employers will refuse to hire anyone with a money-related offense because they fear the employee will steal from them.
Juvenile records in South Carolina are generally confidential. (South Carolina Code § 63-19-2020.) This means the record exists, but only a limited number of people have access to it, such as the courts and police. The public will not have access to your shoplifting record, which is good news. You will only disclose the charge if you choose to.
However, minors can request expungement in some situations, which will destroy the record. You might qualify under
Should You Defend Shoplifting Charges for Minors?
Yes. A juvenile has the right to a lawyer in any proceeding, even in juvenile court. A lawyer can help by:
- Reviewing the charges and a minor’s criminal history. We can check to see what the most likely disposition is, such as community service or probation. This is a critical step if this shoplifting charge is not your first juvenile offense.
- Identifying weaknesses in the evidence. Not all shoplifting cases are open and shut. There might be ambiguity in whether you intentionally took something. For example, you might have accidentally placed a smaller item in a bag or purse with the intent to pay for it, only to forget. Or the surveillance video might be grainy and unclear about whether you lifted an item and put it in your pocket. There is no reason to immediately admit guilt if the evidence is weak.
- Discussing the full range of short- and long-term consequences. Do you intend to go to college or start applying for jobs? Although a juvenile record is confidential, it might still come up. For example, you might dream of being a police officer or lawyer, in which case you probably need to disclose even juvenile offenses. We want to know more about your future, which helps guide whether to fight the case all the way to a delinquency hearing.
- Negotiating a plea deal. This is sometimes an option in juvenile court. We can open discussions with the prosecution and possibly point out weaknesses in the evidence.
- Helping you understand your obligations with probation. If a judge orders probation, a juvenile must meet all conditions without any excuse. Failure to meet all conditions can result in serious consequences, including possible time in a detention facility.
Our office is also ready to present a defense at a hearing. We can argue that the defendant did not commit the offense, so they are not delinquent. A minor is presumed innocent, just like an adult.
Schedule a Consultation with Attorney Yarborough
William G. Yarborough is a former prosecutor with more than 30 years of criminal law experience. He understands how the state views evidence and what penalties they are likely to seek when a juvenile commits shoplifting. Please take any shoplifting case seriously. A minor faces many possible difficulties, including onerous restitution or community service.
Contact our office to meet with an experienced criminal defense lawyer in Greenville. We have helped minors in the 29609 zip code and nearby areas. Our consultations are private.
