Caught Shoplifting in Northern VA? What You Need to Know About Diversion and First Offender Options

Shoplifting charges are many individuals’ first introduction to Virginia’s criminal justice system. While shoplifting might seem like a relatively minor offense, it carries steep penalties in Virginia, so it is critical to work closely with an experienced Woodbridge shoplifting lawyer who can help you avoid unnecessary consequences. For many individuals, this will involve entering into a “diversion” program.

Diversion: A Good Option for Many Individuals Who Are Facing First-Time Shoplifting Charges in Northern Virginia

In Virginia, individuals facing shoplifting charges as first-time offenders are generally eligible for diversion. If you opt for diversion, you will need to complete a series of requirements; but, if you do so, your shoplifting charge will be dismissed. As a result, if you were caught shoplifting in Northern Virginia, diversion could be your best option.

With that said, opting for diversion won’t necessarily be your best option, and it is critical that you make an informed decision based on your personal circumstances. So, should you opt for diversion? Here’s an introduction to what you need to know:

What is Diversion in a Virginia Shoplifting Case?

In Virginia shoplifting cases, opting for diversion provides an opportunity to avoid the consequences of a conviction regardless of the facts of your case. This means that even if you got caught shoplifting, you may still be able to avoid a criminal sentence if you qualify for a diversion program.

As we said above, diversion is generally an option for first-time shoplifting offenders. If you opt for diversion, your case will be taken off the court’s docket or diverted while you complete the diversion program. This typically involves fulfilling requirements such as paying restitution, completing community service, attending counseling and staying out of trouble. If you complete the program successfully, then your shoplifting charge will be dismissed.

What Are the Risks if You Don’t Opt for Diversion?

If you don’t opt for diversion, you will need to fight your shoplifting charge in court. In Virginia, the penalties for shoplifting vary depending on the value of the merchandise involved:

• Shoplifting Involving Less Than $1,000 in Merchandise – If you got caught shoplifting less than $1,000 worth of merchandise, then you are at risk of facing a conviction for petit larceny. In Virginia, petit larceny is a Class 1 misdemeanor, which means it carries a maximum of 12 months in jail and a $2,500 fine.
• Shoplifting Involving $1,000 or More in Merchandise – If you are caught shoplifting $1,000 or more worth of merchandise, you are at risk of facing a conviction for grand larceny. Grand larceny convictions can carry a prison sentence of 1 to 20 years, though the judge has discretion to reduce the penalty to that of a Class 1 misdemeanor.

Shoplifting convictions, like all criminal convictions in Virginia, can lead to various consequences. For example, having a shoplifting charge on your permanent record could impact your ability to get into school or land a job. Convictions can have military, immigration, and professional license-related consequences as well, and these consequences could truly impact the rest of your life.

What Happens if You Don’t Complete the Diversion Program Successfully?

What if you opt for diversion in your shoplifting case and you don’t complete the diversion program successfully? If you fail to meet any of the requirements for diversion, your shoplifting case can be rescheduled for trial. If your case goes to trial, you will need to fight the prosecution’s case against you in order to avoid a conviction (and the consequences that come with it).

As a result, before you opt for diversion, you need to make sure you understand what you will need to do in order to complete the program successfully. You also need to commit yourself to meeting the requirements to keep your shoplifting case out of court. If you fail to meet these requirements, you might not get a second chance, and you could find yourself facing serious consequences that you could—and should—have avoided.

Should You Opt for Diversion?

So, with all of this in mind, should you opt for diversion in your Virginia shoplifting case? Answering this question will require careful consideration of several factors, including:

• Are You Eligible for Diversion? First, you need to confirm whether you are eligible for diversion. If you aren’t eligible for diversion, you will need to focus on other options, such as targeting a plea bargain or preparing to fight your shoplifting charge in court.
• Are You Likely to Face a Shoplifting Charge in Court? If you are eligible for diversion, you will want to assess your likelihood of facing a conviction were you to decide to take your case to trial. If you have a strong defense to your shoplifting charge, it may make sense to fight your charge in court rather than taking on the burdens of diversion.
• Can You Complete the Diversion Program Successfully? If you don’t complete the diversion program, you will still have to fight your shoplifting charge in court after putting time, money, and effort into attempting to meet the program’s requirements. With this in mind, it is important that you are confident in your ability to complete the diversion program successfully.

If opting for diversion makes sense in your case, this is a decision you will want to make promptly. The sooner you resolve your shoplifting case, the sooner you will be able to move on with your life. If pursuing diversion doesn’t make sense (or isn’t an option), then you will need to immediately get to work building your defense.

Discuss Your Options with an Experienced Woodbridge Shoplifting Lawyer for Free

Are you facing a shoplifting charge in Northern Virginia? If so, our lawyers can help you make an informed decision about how best to approach your case. To schedule a free consultation with an experienced Woodbridge shoplifting lawyer, call 703-897-1777 or tell us how we can help online today.