| This article is for someone who has been charged | | | | oxymoron that the store takes restitution when |
| with shoplifting in the state of Tennessee. I focus | | | | the merchandise is recovered without damage, |
| on Tennessee because that is where I practice | | | | since the concept of restitution is to pay for |
| and because laws differ from state to state. Thus | | | | property that has actually BEEN damaged, but |
| while it may be useful, this article should not be | | | | that's the way it works. If the store and the |
| used as a guide to shoplifting charges in another | | | | prosecutor's office agree to this, the client can |
| state. Check your local laws. In Tennessee, | | | | pay the store the required amount, get a letter in |
| shoplifting is formally called Theft of Property | | | | return stating payment has been made and that |
| $500 or less. Theft in Tennessee is graded by | | | | the store will not be pressing charges, then the |
| dollar amounts--$500, $1000, $10,000, and | | | | case will be dismissed. Usually the client will have |
| anything over $10,000. Theft $500 or less is a | | | | to pay court costs at the time of the dismissal. |
| Class A misdemeanor, punishable up to 11 months | | | | Merchant restitution is a much better way to |
| and 29 days in jail. | | | | handle a Tennessee shoplifting charge than judicial |
| If a client is charged with shoplifting it is of the | | | | diversion, because 1) the client doesn't go on |
| highest importance that they keep the charge off | | | | probation for a year, 2) they don't pay hundreds |
| their record. In Tennessee, there are generally | | | | of dollars in court fees, and 3) they don't plead |
| two ways of doing this. The first is the process | | | | guilty. A guilty plea is mandatory for judicial |
| of judicial diversion. Judicial diversion means going | | | | diversion. This is especially important for clients |
| on probation for the entire length of the | | | | who are not U.S citizens, such as permanent |
| sentence-11 months and 29 days. During that time | | | | residents or visa holders, because a guilty plea |
| the client will have to pay monthly fees, as well | | | | could be fatal to their status in the United States. |
| as court costs and expungment fees, and | | | | But under the restitution process, the client simply |
| probably complete community service and/or | | | | pays the store, brings back proof of payment to |
| classes. The one condition of diversion is that the | | | | court, pays costs, and the charge is removed |
| client must have a clean record. They cannot | | | | from their record. |
| have any prior felonies or class A misdemeanors | | | | The one catch with restitution is that not all |
| (such as DUI or drug possession), and they | | | | stores will participate, and not all prosecutors will |
| cannot have used diversion before. It's for | | | | accept it. For instance, Wal Mart doesn't do it. If |
| first-time offenders only. Diversion is an excellent | | | | the store where the shoplifting occurred was Wal |
| way to keep a serious charge off your record, | | | | Mart, they are going to have to go on diversion |
| but when it comes to shoplifting cases in | | | | to get it removed. I believe it is Wal Mart's policy |
| Tennessee there is sometimes an easier, less | | | | nationwide to not accept restitution in shoplifting |
| expensive way. | | | | cases. Also, the prosecutor's office has to be |
| Merchant restitution, or merchant diversion as it is | | | | willing to go along with it. Where I practice in |
| sometimes called, can often be used in shoplifting | | | | Memphis, prosecutors will usually agree to it but |
| cases to dispose of the charge without probation | | | | they may not in other jurisdictions. However, I |
| or a permanent conviction. This process can be | | | | have helped numerous clients through the |
| used if the merchandise is recovered without | | | | restitution process, and it's always my first line of |
| damage and the store agrees to accept | | | | defense with shoplifting cases. |
| restitution in lieu of prosecution. It's kind of an | | | | |
