Shoplifting and Larceny Retail Crimes

If you have been arrested for shoplifting or a violation of Connecticut General Statutes § 53a-125b (Larceny 6th degree CT), it is essential to retain a Stamford shoplifting attorney as soon as possible to protect your rights. Surveillance evidence that could vindicate you may exist. It is imperative to take immediate, aggressive legal action to force stores to preserve any exculpatory evidence before it is lost or erased.

Shoplifting may seem like a minor crime, but the state’s attorney takes shoplifting charges seriously, and a guilty plea or conviction can have significant consequences upon your future reputation and employment prospects, not to mention the possibility of jail time, probation, and fines. That is why you need a zealous advocate with decades of experience in defending shoplifting allegations in Stamford on your side. Allan F. Friedman Criminal Lawyer today for your free initial consultation and case evaluation.

With the rise of internet shopping, brick-and-mortar stores and shopping malls are facing ever-shrinking profit margins. They are investing heavily in loss prevention efforts to curb losses due to stolen goods. For this reason, we have seen an explosion in shoplifting arrests in the Fairfield County area. In many national chain stores, they have employed facial recognition software to identify suspects when they enter the store.

We understand that often people can be wrongfully accused of shoplifting, who had no intention of stealing anything. Walking out of a store and accidentally forgetting to pay for one item because you were distracted by your children, for example, is not a crime. Intention to steal is a required element of the crime of shoplifting. Stamford shoplifting lawyer Allan F. Friedman will fight for your rights and explore every option to try and have your charges reduced or dismissed.

Shoplifting arrests work a little differently than most other types of criminal investigations. With shoplifting cases, the first contact is usually with a store’s loss prevention team, which will detain you, with force if necessary, and conduct their investigation while awaiting police officers.

You have the absolute right to remain silent, refuse to answer any questions, and insist on speaking to a Stamford shoplifting attorney before you say anything. When the police arrive, you are only required to provide your name and address. Do not make any statements. Do not be fooled by police tactics or promises to “go easy on you if you cooperate.” They are building a case against you, so don’t assist them. Everything you say can be used against you.

Being stopped by a store’s loss prevention officers can be intimidating. Many people don’t realize that these individuals are not police officers, but store employees with limited authority. They do have the right to detain you on store property if they have probable cause to believe you committed theft, but their powers are not unlimited.

• You do not have to answer questions. You have the absolute right to remain silent. Anything you say can later be used as evidence against you.
• You cannot be forced to sign documents. Loss prevention staff may pressure you to sign a “confession” or a trespass notice. You are not legally required to sign anything.
• They must call the police. Loss prevention can detain you briefly, but they cannot hold you indefinitely. They are required to turn the matter over to law enforcement.
• Use of force is limited. They can use reasonable force to stop you if you attempt to leave, but excessive force can open the door to civil claims.
• You can request an attorney. Once police arrive, you should immediately invoke your right to counsel and avoid making any statements until you speak with a lawyer.

Understanding these rights can prevent a stressful encounter from getting worse. Many shoplifting cases are made stronger for the prosecution because suspects talk too much or sign documents under pressure. Staying calm, remaining silent, and asking to speak with an attorney is the safest path.

In most cases, shoplifting in Connecticut is charged as 6th degree larceny. There is no specific crime of “shoplifting”; it is considered a form of larceny.

Forms of shoplifting include:

• Taking goods from a store with the intention of leaving without paying.
• Concealing unpurchased goods within a store.
• Altering or removing price tags.
• Under-ringing merchandise at self-checkout aisles.
• Returning items under false pretenses.

Based upon the value of the goods alleged to have been stolen, a shoplifting crime can be charged anywhere from a relatively minor Class C misdemeanor (maximum penalty of 3 months in jail and/or a $500 fine) all the way up to a Class B felony (punishable by up to 20 years in prison and/or a $15,000 fine).

Retail theft is changing, and Connecticut courts are seeing new patterns in arrests and prosecutions.

Many arrests now come from self-checkout aisles. Prosecutors and retailers argue these stations make it easier for shoppers to under-ring items, skip scans, or bag merchandise without paying. While some cases involve deliberate acts, many involve honest mistakes. Because intent is required, these cases often turn on whether the state can prove the act was intentional or accidental.

Large retailers increasingly use facial recognition and artificial intelligence to track suspected shoplifters and identify repeat offenders. This technology can flag individuals across multiple store locations, leading to quick arrests. However, questions remain about accuracy and reliability, and defense attorneys can challenge whether such technology is admissible evidence.

Police and prosecutors are cracking down on organized retail theft, which involves groups working together to steal high-value items for resale. Local task forces in Stamford, Greenwich, and across Fairfield County now coordinate surveillance and plainclothes operations targeting organized theft rings. Prosecutors often aggregate the value of goods across multiple thefts, quickly pushing charges into felony territory.

These developments mean even small incidents are being prosecuted more aggressively. A missed scan at self-checkout, mistaken identity from facial recognition, or being linked to a larger theft ring can all lead to significant criminal charges. Defendants facing these accusations need experienced counsel to investigate whether the evidence is reliable and whether intent to steal can truly be proven.

No matter the type or level of shoplifting crime you are charged with, our 28 years of experience as a Stamford shoplifting attorney can help pursue the best possible outcome.

The good news is that many shoplifting defendants are first-time offenders. Often, we can negotiate dismissal in exchange for community service or charitable donations. Stress, distraction, or other mitigating factors may have played a role in the incident. A skilled criminal lawyer can present these explanations to the court.

Another option for first-time offenders is the Accelerated Rehabilitation (AR) Program. If granted and completed, the charges will be dismissed. Because a conviction can harm future employment, housing, and educational opportunities, obtaining a dismissal is critical whenever possible.

For those with prior larceny convictions, Connecticut law imposes harsher penalties. Two prior larceny convictions mean a third arrest can be treated as a Class D felony punishable by up to five years in jail. Repeat offenders need a strong defense strategy to protect their rights and minimize exposure to enhanced penalties.

1. Is shoplifting always charged as larceny in the 6th degree?
Not always. While most shoplifting cases involve items under $500 and are charged as 6th-degree larceny, higher-value thefts can result in misdemeanor or felony charges.

2. What happens if I’m accused of shoplifting at self-checkout?
You can still be arrested. The state must prove intent to steal. Many cases involve mistakes, but prosecutors often treat skipped scans as intentional theft.

3. Can facial recognition be used as evidence in my case?
Stores increasingly use it, but its reliability can be challenged. Defense lawyers often question whether such technology meets legal standards for admissible evidence.

4. What is organized retail theft?
It refers to coordinated theft by groups, often stealing large amounts of merchandise for resale. Prosecutors treat ORT far more seriously than an isolated shoplifting case.

5. Can shoplifting charges be dismissed?
Yes. Many first-time offenders can resolve their case through community service, donations, or entry into the AR Program.

6. Will a shoplifting conviction show up on background checks?
Yes. Any larceny conviction will appear and can affect employment, licensing, housing, and education opportunities.

7. Can I be arrested even if I didn’t leave the store?
Yes. Concealing items or tampering with price tags inside a store can be enough for an arrest.

8. What happens if I have prior larceny convictions?
Repeat offenders face enhanced penalties. A third larceny conviction can be escalated to a Class D felony with up to five years in prison.

9. Do I need a lawyer for a shoplifting case?
Absolutely. Even minor cases carry the risk of a permanent record. An experienced Stamford shoplifting lawyer can work to reduce or dismiss the charges and protect your future.

10. What are my rights if detained by store security?
Loss prevention can detain you briefly, but you have the right to remain silent, decline to sign documents, and request an attorney once police arrive. They must hand the matter over to law enforcement and cannot use excessive force.

We work on a reasonable fixed flat fee basis. Call Attorney Allan F. Friedman at (203) 357-5555 to schedule a free initial consultation and case evaluation – available 24/7, 365 days a year. Our office is conveniently located two blocks from the Stamford Courthouse.