Shoplifting Attorney near Draper

Retail Theft Defense Informed by Both Sides of Utah Criminal Cases

Utah law refers to shoplifting as retail theft under Utah Code Section 76-6-602. Even a first-time misdemeanor can affect employment, professional licensing, and background checks. We treat the allegation as a serious criminal charge, not a minor store incident.

Our founder, J.G. Askar, spent 10 years working in the Utah criminal justice system as both a prosecutor and a public defender. That background informs how we examine retail theft allegations, anticipate the prosecution’s approach, and identify weaknesses in its evidence.

Call (801) 761-4671 to discuss your Draper shoplifting charge, the available evidence, and your next steps.

How Merchandise Value Affects Utah Shoplifting Charges

The value assigned to the merchandise generally determines the initial level of the charge, although prior convictions and other circumstances can affect its classification.

Utah theft penalties generally include:

• Less than $500: A class B misdemeanor carrying up to six months in jail and a fine of up to $1,000.
• $500 to less than $1,500: A class A misdemeanor carrying up to one year in jail and a fine of up to $2,500.
• $1,500 to less than $5,000: A third-degree felony with possible prison and financial penalties.
• $5,000 or more: A second-degree felony carrying substantially greater potential penalties.

Retail theft is also an enhanceable offense, so qualifying prior theft convictions may increase the grade of a later charge. We review the dates and legal classification of earlier cases rather than relying solely on a criminal history summary.

Where Draper Shoplifting Cases May Be Heard

Draper City Justice Court handles class B and class C misdemeanors and infractions within its jurisdiction. A class B misdemeanor case may proceed there through an initial appearance, pretrial conferences, motion practice, and either a negotiated disposition or trial.

Because Draper extends across the Salt Lake County and Utah County boundary, class A misdemeanors and felony cases may proceed in the Third District Court or Fourth District Court. The proper venue depends on where the alleged conduct occurred and where prosecutors filed the charge. We confirm the court, deadlines, and charging document before developing a defense strategy.

How Merchant Detention Can Shape the Evidence

Under Utah Code Section 76-6-603, a merchant with probable cause to suspect retail theft may detain someone for a reasonable time and in a reasonable manner. Loss-prevention employees often use this detention to obtain identification, statements, receipts, and possession of the disputed merchandise, making the circumstances of that encounter important to the defense.

Evidence requiring close review may include:

• Surveillance footage: Whether the recording shows the complete sequence of events rather than isolated moments.
• Witness accounts: Whether loss-prevention employees personally observed each alleged act and documented events consistently.
• Barcode and price records: Whether the records identify the correct product and support the value claimed.
• Statements: Whether questioning, detention procedures, or police involvement affected how a statement was obtained.

Building a Shoplifting Defense for Draper Residents

Prosecutors must prove an intent to deprive the merchant of the merchandise or its value. Leaving a checkout area, missing a scan, carrying an item, or changing packaging may be offered as evidence, but the prosecution must still connect the conduct to the required intent element.

We examine the entire incident rather than accepting the store report as conclusive. Depending on the facts, our review may address intent, identification, merchandise value, gaps in surveillance footage, witness credibility, or the circumstances and legality of the detention. An unsupported or inflated valuation may also affect how the charge should be classified.

J.G. Askar’s work as both a prosecutor and a public defender provides insight into how the state evaluates evidentiary problems and negotiation options. We’ve handled hundreds of criminal cases, including more than 30 felony jury trials, and tailor each defense to the charge, record, evidence, and client’s priorities.

Possible Resolution Options

Available options depend on the evidence, criminal history, prosecutor, court, and eligibility requirements. In an appropriate case, they may include diversion, a plea to a reduced charge, a sentencing agreement, a reduction under Utah Code Section 76-3-402, or trial. None is automatic, so we explain the requirements and potential consequences before the client decides how to proceed.

Predictable Fees & Direct Communication

We offer transparent flat fee options for many cases, depending on their scope and circumstances. We keep clients informed about strategy, court dates, and material developments. J.G. Askar also provides his personal cell phone number for direct case-related communication by text.

Employment, Licensing & Expungement After a Conviction

A theft conviction involves alleged dishonesty, which can raise concerns during employment screening and professional licensing reviews. Some legal contexts use the term crime involving moral turpitude for conduct considered dishonest or contrary to accepted standards. Whether that classification applies, and what consequences follow, depends on the governing law and the person’s circumstances.

Utah expungement law generally imposes a waiting period after all applicable sentencing, incarceration, parole, or probation requirements are complete. Common waiting periods include four years for a class B misdemeanor, five years for a class A misdemeanor, and seven years for an eligible felony. Eligibility also depends on the person’s full record, payment obligations, and current statutory criteria.

Discuss Your Draper Shoplifting Case With Us

Contact us to discuss what the store alleges, where the charge was filed, and which issues require immediate attention. We can review the prosecution’s evidence, explain the court process, and identify information that may need to be preserved before an upcoming hearing or further questioning.

Our approach combines experience from both sides of Utah’s criminal justice system with direct communication and a defense tailored to your circumstances. J.G. Askar can also work directly with Spanish-speaking clients.

Call (801) 761-4671 to speak with our shoplifting lawyer serving Draper and learn what to do next.