It is lunchtime and you want to get some shopping done. Kohl's is having
a sale and you have a $10.00 gift card to use. You figure what better
way to spend the lunch break than to buy some goods. Unfortunately, there
is a misunderstanding at the register and you're issued a court date
notice and subpoena.
All too often, I have clients
call me and say they were wrongfully arrested for shoplifting from Kohl's.
Sometimes I agree and sometimes I do not. However, I have began to see
a shift whereby Kohl's is making more arrests…many more arrests.
About a third of the clients I received last month are, in my view,
innocent. Either the wrong tag was on an item, or Kohl's thought the individual
was trying to conceal an item, when they were not. Either way, getting
shoplifting from Kohl's had a major effect on their lives.
First, Kohl's issued them a trespassing notice, which stated they would
NEVER be allowed to return to Kohl's. There was no language in the
notice conditioning it on whether or not they are acquitted or found guilty
at trial. I find this tactic to be a slap in the face to the justice system,
as everyone is innocent until proven guilty. Kohl's way of business
is deplorable and archaic.
Next, they received a letter from a law firm in New York (The Law Offices
of Michael Ira Asen, P.C. to be exact) requiring a payment of $150.00.
And then another when they fail to make the payment within 21 days. I
will reserve comment on Mr. Asen's letter for another blog post (hint: scam).
Finally, they had to go through the
criminal justice process. Cases like theirs start off in the Municipal Court of Cumming,
with the option of having a jury trial in Forsyth County State Court.
Of course, this all depends on how much the items taken from Kohl's
were worth. Anything over $500.00 in value is a felony; anything $500.00
or less is a misdemeanor. Their punishment can range from a simple fine
to probation and possibly jail.
There are all kinds of ways to fight these charges.
Richman Law Firm
fights these charges
. If you are reading this and need help defending your shoplifting charges,
please call us to find out how we can help you.