November 18, 2015 Shoplifting has had some big names associated with it lately, and the criminals with star status are just as subject to the repercussions of their poor choices as anyone else. In Washington, there is the potential to incur fines, face jail time and additional somber penalties. Not only do you now have to face the criminal court system, there is also the possibility for the store to sue you in civil court in order to recover some of the loss sustained because of your shoplifting. In Washington, the court system treats all shoplifting as theft. The state calls it “retail theft with extenuating circumstances.” This means you are trying to illegally remove product or property from the store that does not belong to you. Detaining the Suspected Thief Every store owner has the right to detain anyone they may suspect of shoplifting in order to carry out investigation of the suspected shoplifting and appropriate questioning. There are some guidelines regarding the detainment of the suspect: Must have reasonable grounds to detain them Detainment must only be for a reasonable amount of time The detainment must be carried out in a reasonable manner Levels of Penalties Washington shoplifting criminal penalties can vary from a gross misdemeanor all the way up to a felony. The level of penalty will vary based on the dollar amount associated with the theft from less than $750 to over $5,000. Civil Court The merchants or store owners have the option to file a lawsuit in civil court to recover the losses experienced as a result of the shoplifting. Even if the shoplifter was a minor, the adults or legal guardians of the minor will be required to pay the penalty. Other Options There is the availability in some counties to utilize diversion programs, deferred prosecution or plea bargains. However, they are not all available in every county so cannot be relied upon to provide a looser penalty. The Nahajski Firm is experienced in criminal defense and understands the strict penalties involved with shoplifting in Washington State. If you have been accused of shoplifting, we will make sure that you are receiving the best representation possible for your unique case. Contact us today at 206-621-0500.