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