Strolling down Madison Avenue on a Saturday afternoon shopping spree with a beautiful young actress you've recently met, you're suddenly whisked inside her favorite up-market department store. After exploring countless sexy outfits among the awesome designers, your date models a pair of tight black Trussardi leather pants for you, fixing you with a look of uncontrollable longing. Despite a secret fear of exceeding your modest credit limit, you cast caution to the wind, and manfully slap the purchase on your credit card. Afterwards, gallantly carrying her bags and exiting through the revolving doors, you're stunned when three solemn-looking security guards surround you on the street.
She's simply preparing for a role about shoplifting.
Shoplifting is a slang term for the criminal offense of petty theft. Shoplifting is governed by state penal codes, but they all generally define the offence as intentionally removing an item from a store or place of business, depriving the owner of his merchandise as a consequence. When detected, the shoplifter is often arrested by the store security, then questioned and detained, until local police or law enforcement officials arrive to formally arrest the alleged perpetrator.
"When the going gets tough," one popular adage explains, "the tough go shoplifting." Almost all merchants rely on a wide variety of sophisticated security measures, including hidden surveillance cameras, electronic tags, and in-house sleuths. While some merchants hesitate to prosecute shoplifters because of the expense and time involved in legal action, many others see successful prosecutions as sound financial strategy, especially when it's estimated up to sixty percent of shoplifting is perpetrated by a business' own employees.
There are criminal defense lawyers who specialize in petty theft and shoplifting. After this initial contact, talented shoplifting attorneys next match their unique set of legal tools and in-depth knowledge of precedent with all the evidence and information gathered in police reports.
Every state entitles you the right to defend yourself, and many shoplifting defendants refuse legal counsel, in an unrealistic hope to simply explain away the charges to a sympathetic municipal court judge. To later remorsefully admit, in the clear light of day, that your actions constituted no more than some silly, impulsive, or flat-out crazy aberration - this decision does not necessarily guarantee your offense will simply be dismissed and forgotten.
The collective consensus today is that by cracking down on minor crimes, felonies are less likely to occur.
For starters, since most shoplifting charges hinge on the issue of intent, a good shoplifting defense attorney will plausibly and strenuously assail the supposition that the defendant - beyond a reasonable doubt - actually intended to steal anything at all. Bypassing the case of simple absentmindedness, intent becomes particularly germane when an individual's mental state is impaired. For instance, countless prescription drugs and medications can contribute to acts of perceived thievery, and a knowledgeable legal counsel will humanize the defendant's psychological state by presenting mitigating medical facts. The incriminating portrait of the alleged shoplifter, offered up by a zealous prosecutor, can often be skillfully turned upside down on its head by a careful analysis of the defendant's psychological condition.
Items exceeding a mere $200, in many states, can propel a shoplifting charge from a misdemeanor charge into grand larceny. In other states, shoplifting as petty theft constitutes a "strike" on your criminal record, meaning that any subsequent offense can be charged as a felony.
Employees commit most shoplifting, stealing from their own employers, nearly double the rate perpetrated by outsiders. Moreover, juveniles and young adults are less likely to shoplift than middle-aged shoppers. And despite theories about poverty and poor education, business owners located near colleges and universities experience triple the number of shoplifting incidents compared to stores in less affluent neighborhoods.
Therefore, it is essential to ensure that we exercise smart tanning. For this, it is advisable to begin with a base tan and then use sun block when outdoors.
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It is virtually certain that a New York physician convicted of a crime will face a disciplinary action against their medical license. There are a few ways the OPMC finds out about a doctor's criminal conviction.
First, New York Criminal Procedure Law requires the New York probation department to report all convictions of New York licensees to disciplinary agencies. Such reports are sent every three months. Second, prosecutors or other sources may inform the OPMC of criminal prosecution. Lastly, during the license renewal process the licensee is required to disclose facts related to criminal background.
It is commonly believed that only prosecutions related to the practice of medicine will result in professional discipline.
The state disciplines doctors for anything from shoplifting to drunk driving to assault to white collar and business crimes. An experienced New York medical license defense attorney will be able to predict the probably outcome of the disciplinary hearing.
While criminal conviction will result in professional discipline, it is not at all certain that the doctor's license will be suspended or revoked. A properly presented defense may use mitigating factors that could significantly minimize potential disciplinary measures taken by the Department of Education.
Others factors such as the licensee's personal character, proven track of community involvement and the like may be considered.
In our jurisprudential system a person stands innocent until proven guilty. Simple accusation or criminal indictment will not bring about professional discipline. However, in some aspects, physicians charged with crimes enjoy much less protection than the rest of criminal defendants. For example, when a Medicaid provider is indicted for what would be a crime in New York and the alleged accusation relates to medical billing, providing of health care services, or managing a health care-related operation, the provider will be suspended from the program even though he or she has not been convicted yet.
The same applies to hospital privileges and HMO and insurance companies' memberships.
It is always advisable to anyone under criminal investigation to seek legal counsel as soon as possible before providing any information to investigators. Any criminal case is only as good as the government's evidence. An experienced criminal defense attorney, if brought into the game early, may be able to prevent the client from being charged to begin with.
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