If you were arrested for shoplifting in Allentown, Pennsylvania, you may feel uncertain about what comes next. A retail theft charge can lead to serious consequences, including fines, a criminal record, and even jail time. You might not know whether to appear in court alone, how to respond to the charges, or whether there’s a way to keep this off your record.
At McKenzie Law Firm, P.C., our Allentown criminal defense lawyer represents individuals facing shoplifting charges. We understand the court process, the local legal landscape, and the long-term consequences a retail theft conviction can have for your future. We approach every case with the goal of minimizing those consequences and, in some cases, working toward dismissal or participation in diversion programs.
Call McKenzie Law Firm, P.C., today and receive a free case consultation. Our legal team can explain the charges you are facing and how our Allentown, PA, shoplifting lawyer may be able to help you.
Shoplifting is legally referred to as retail theft in Pennsylvania, 18 Pa. C.S.A. §3929. Retail theft includes actions such as the following:
Any of these acts may result in a criminal charge, regardless of the item’s value. However, the severity of the charge depends on several factors, which can include the value of the stolen property and whether you have prior offenses. In Allentown and throughout Pennsylvania, the classifications are as follows:
A conviction for retail theft can lead to consequences beyond jail or fines. Employers, licensing boards, and landlords often view these offenses as crimes of dishonesty. In some cases, shoplifting charges may also affect immigration status or eligibility for professional licensure.
Understanding how Pennsylvania classifies and penalizes retail theft is the first step in responding to a charge. Each level of offense carries different risks, but each also presents opportunities for defense, mitigation, or alternative resolution.
A shoplifting arrest in Allentown typically begins with a store employee contacting law enforcement. Police may issue a citation or take the individual into custody, depending on the value of the merchandise, prior history, and other circumstances. Once an arrest occurs, the criminal process begins.
The first step is often an arraignment, which takes place in a Magisterial District Court. At this hearing, the charges are formally presented, and the court sets bail. In many shoplifting cases, the person is released on unsecured bail, especially if there is no prior criminal record. However, some cases involve stricter conditions, such as travel restrictions or regular check-ins.
After arraignment, the case moves to a preliminary hearing, usually held within a few weeks. The prosecutor presents limited evidence to show that a crime likely occurred and that the accused may be responsible. If the court determines there is enough evidence, the case proceeds to the Lehigh County Court of Common Pleas.
The next stages can include pre-trial conferences, motion hearings, plea negotiations, and possibly trial. In some cases, first-time offenders may qualify for diversionary programs that keep the charge off their record. Others may face aggressive prosecution, especially if the item’s value is high or if there are prior offenses.
Failing to appear at any scheduled court date can lead to a bench warrant and additional legal trouble. Each step in the process carries deadlines, risks, and opportunities. Missing a procedural requirement can result in the loss of certain defenses or eligibility for pre-trial options.
We help clients understand how each stage of the court process affects their case. From the moment of arrest through resolution, we focus on protecting their rights and building a defense that matches the facts and goals of the individual.
A shoplifting charge does not automatically result in a conviction. In many cases, there are legal defenses or procedural issues that can impact the outcome. We evaluate every aspect of the case to determine the strongest possible strategy based on the evidence and your specific circumstances.
One of the most common defenses involves a lack of intent. Pennsylvania retail theft laws require the prosecution to prove that the accused knowingly took or attempted to take merchandise without paying. If there was a misunderstanding, distraction, or mistake, such as unintentionally walking out with unpaid items, there may be grounds to contest the charge.
Mistaken identity can also play a role. In some cases, store employees or security may incorrectly identify someone based on video footage or witness accounts. If there is no clear and direct link between you and the alleged theft, we can challenge the reliability of the identification.
We also review how store security and law enforcement obtained evidence. Illegal searches or detentions can lead to the exclusion of key evidence. If your Fourth Amendment rights were violated, for example, if you were searched without probable cause or a warrant, we may file a motion to suppress that evidence.
For clients facing their first criminal charge, we often explore pre-trial diversion programs, such as Accelerated Rehabilitative Disposition (ARD). These programs allow eligible individuals to complete conditions like community service or theft awareness classes in exchange for withdrawal of the charges and, in some cases, eventual expungement.
Our approach also involves a detailed analysis of the prosecution’s case. Because we have experience from both sides of the courtroom, we understand how prosecutors prepare and present shoplifting cases. We use that insight to challenge assumptions, dispute the value of the alleged stolen items, and identify gaps in the evidence.
At McKenzie Law Firm, P.C., we tailor the defense strategy to fit the facts of each case. Whether the goal is avoiding jail, protecting a clean record, or minimizing long-term consequences, we focus on the outcome that serves your interests. Not every charge leads to a conviction, and not every case ends in court.
Many people charged with shoplifting in Allentown have no prior criminal record. In these cases, diversion programs offer a possible path to resolve the case without a conviction. Pennsylvania counties, including Lehigh County, offer structured alternatives for certain non-violent, first-time offenses.
One of the most common programs is Accelerated Rehabilitative Disposition (ARD). This is a pre-trial diversion program that allows eligible individuals to complete specific conditions in exchange for dismissal of the charge, such as:
If the program is completed successfully, the charge may be expunged from the record.
Not everyone qualifies for ARD. Eligibility depends on the following:
We help clients apply for ARD where appropriate and guide them through the process from start to finish.
Other options may include summary offense plea deals or informal diversion at the magisterial district level. These may not require entry into a formal program but still result in reduced charges or fines in exchange for completing the conditions. These options are often limited to low-value items and first offenses.
We evaluate each client’s eligibility and assess how a diversion resolution may affect employment, licensing, or future background checks. When diversion is available, it can offer a way to resolve a retail theft charge without the long-term consequences of a criminal conviction.
Diversion programs require action early in the process. We explain these options at the outset and take steps to protect your opportunity to pursue them before the case progresses too far.
Every shoplifting case comes with its own set of challenges. We approach each one by focusing on what matters most: avoiding unnecessary penalties, protecting your future, and helping you understand every legal option available:
When we take on a shoplifting charge, we pursue the resolution that protects what’s at stake: your record, your freedom, and your peace of mind.
Below, we provide answers to some of our previous clients’ most common questions regarding their shoplifting charges.
It depends on the value of the merchandise and whether you have any prior retail theft convictions. For the first offenses involving items worth less than $150, the charge is usually a summary offense. If the item is worth more or you have prior convictions, the charge may be upgraded to a misdemeanor or even a felony.
A third retail theft offense is automatically a third-degree felony, no matter the item’s value. Understanding how your charge is classified helps determine potential penalties and the available defense strategies.
Yes, but it depends on the circumstances. Charges may be withdrawn if there’s insufficient evidence, procedural errors, or a lack of intent. In some cases, first-time offenders may be eligible for pre-trial diversion programs, such as ARD, which can lead to dismissal and eventual expungement. We assess whether your case qualifies for a dismissal strategy or diversionary outcome. Early intervention is often the key to keeping the charge off your record.
A conviction for retail theft becomes part of your permanent criminal record unless it is later expunged or pardoned. In Pennsylvania, expungement is not automatic and is only available in limited circumstances.
However, participation in certain diversion programs may allow for the charge to be removed after successful completion. We help clients determine eligibility for record-clearing options based on the case outcome, the charge level, and prior history.
Intent plays a critical role in retail theft cases. Pennsylvania law requires that the accused acted knowingly and with the intent to deprive the store of merchandise without paying. If you accidentally left a store with unpaid items or were unaware something was still in your possession, that may serve as the basis for a defense.
We review the facts to determine whether the prosecution can prove intent beyond a reasonable doubt, and we raise that issue in negotiations or court when supported by the evidence.
A shoplifting charge can create uncertainty about your future, but you don’t have to navigate the legal system alone. Whether this is your first arrest or one of several, it’s important to understand your rights, explore your options, and take steps to protect your record and reputation.
At McKenzie Law Firm, P.C., we represent individuals charged with retail theft in Allentown and throughout Lehigh County. We bring courtroom experience, insight into how these cases are prosecuted, and a commitment to defending your interests at every stage of the process. We handle arraignments, hearings, negotiations, and trial preparation, focusing on the result that makes the most sense for your situation.
If you’ve been arrested for shoplifting, now is the time to take action. We offer a free consultation to review your case and explain how we may be able to help. Once we begin working together, you’ll have access to your attorney and a clear plan for moving forward. We will walk you through your defense options and help you make informed decisions from the start.
Call McKenzie Law Firm, P.C., today for your free consultation and begin working toward a stronger outcome.
