Shoplifting Attorney in Martinsburg
Facing A Shoplifting Charge In Martinsburg? Secure Your Defense with the Criminal Law Center
Being stopped by store security, questioned by police, and handed a court date for shoplifting can feel humiliating and frightening. You may be worrying about jail, losing your job, or what this will mean for your future. You might also be unsure whether the accusation is even fair.
At The Criminal Law Center, we focus exclusively on criminal defense, including theft charges in this area. Our team has more than 65 years of combined criminal defense experience, and we have been defending people here since 1989. We work to protect your record, your rights, and your long-term future from the impact of a shoplifting allegation.
When you contact us, you speak with a criminal defense team that includes four trial lawyers, legal assistants, investigators, and forensic specialists. We know how theft cases move through the Berkeley County Judicial Center, and we are prepared to guide you through each step of the process with clear, direct advice.
Facing shoplifting charges in Berkeley County? Put +65 years of combined legal experience in your corner. Contact the Criminal Law Center for a free consultation. We are available 24/7 at (304) 262-9300 or through our contact form.
Understanding Shoplifting Laws in West Virginia
Shoplifting in the Mountain State is governed by W. Va. Code § 61-3A-3. The law defines shoplifting as any act intended to deprive a merchant of their property without paying the full price. This includes:
- Concealment: Hiding merchandise on your person or in a bag.
- Price Tag Alteration: Changing price markings or labels to pay a lower price.
- Transferring Containers: Moving an item from its original packaging to another.
- Removal Beyond the Last Point of Sale: Taking items past the registers without payment.
Penalties and Value Thresholds
The severity of the punishment is determined by the value of the items and your prior record:
- First Offense (Value ≤ $500): A misdemeanor punishable by a fine of up to $250.
- First Offense (Value > $500): A misdemeanor punishable by up to 60 days in jail and a fine of up to $500.
- Second Offense: Misdemeanor charges with mandatory jail time (up to 6 months if value is ≤ $500; 6 months to 1 year if value is > $500) and higher fines.
- Third Offense (Felony): Regardless of the value of the goods, a third conviction within seven years is a felony. It carries a mandatory minimum of 1 year in a state correctional facility and up to 10 years, along with fines up to $5,000.
The "Civil Penalty" and Restitution
Under W. Va. Code § 61-3A-3(d), a conviction triggers a mandatory civil penalty payable to the store. This is separate from any criminal fines and is typically:
- $50, or
- Double the value of the merchandise, whichever is higher.
Furthermore, merchants have the right to seek civil damages for the time spent processing the incident. Many individuals receive "demand letters" from large retailers. We advise our clients on how to handle these civil demands without compromising their criminal defense.
Why Choose Our Criminal Defense Firm in Martinsburg
Our attorneys bring more than 65 years of combined experience in criminal law. Over those decades, we have handled a wide range of charges from shoplifting to serious felonies in both state and federal courts. This experience helps us understand how prosecutors evaluate evidence, what issues matter most to judges, and how to position a shoplifting case as strongly as possible under the circumstances.
We work as a team of four trial lawyers supported by legal assistants, investigators, and forensic specialists. This collaborative approach means that complex questions, in your case, are not left to a single perspective. Instead, we discuss strategy together, challenge each other’s thinking, and draw on the different strengths of our team members to serve you better.
Our criminal defense practice includes a successful appellate component, with work recognized at both state and federal court levels. We have engaged in matters that have reached the U.S. Supreme Court. These experiences reflect our ability to handle difficult legal issues and to stay with a case beyond the trial court when appropriate.
Hire a shoplifting criminal attorney in Martinsburg who is exclusively focused on Criminal Defense. Call (304) 262-9300 or reach out online today for your free consultation.
How Our Martinsburg Shoplifting Attorney Defends Your Case
Effective shoplifting criminal defense for Martinsburg clients begins with a detailed review of the evidence. We start by examining the criminal complaint, police reports, and any materials provided by store loss prevention, such as surveillance video, photographs, receipts, and written statements. Our attorneys look closely at how the store claims the incident occurred and whether those claims hold up under scrutiny.
We often see cases that involve self-checkout confusion, scanning errors, distracted shopping, or misunderstandings about returns. Questions about intent are frequently at the center of these cases. Our trial lawyers pay attention to details such as where items were located, what the cameras actually show, how long you were in the store, and whether store personnel followed their own policies.
At The Criminal Law Center, your case is supported by a collaborative team of four trial attorneys, along with legal assistants, investigators, and forensic specialists who examine evidence from every angle. Depending on the facts, we may challenge the stop, dispute item value, question identification, or negotiate reduced charges. With strong jury trial experience, we are fully prepared to go to trial when necessary.
When you hire a shoplifting criminal lawyer Martinsburg defendants can turn to for serious criminal cases, you are choosing a team that has also handled complex appeals in state and federal courts, including matters before the U.S. Supreme Court. That depth of legal work strengthens our analysis of the issues in your case and our ability to fight for you in trial and appellate courts when necessary.
What To Do After A Shoplifting Arrest
After a shoplifting arrest, the first few hours and days can feel overwhelming. Acting quickly and thoughtfully can help protect your rights and reduce unnecessary stress. Even if your court date is weeks away, early decisions matter. Taking the right steps now can strengthen your position and prevent avoidable mistakes that could complicate your case later.
- Limit what you say. Avoid discussing the incident with store employees, friends, or on social media. Do not sign written statements or apologies before speaking with a lawyer.
- Organize your paperwork. Keep all documents from the Berkeley County Judicial Center or the arresting agency together. Review charge details, case numbers, and court dates carefully.
- Do not miss court. Failing to appear can create additional legal trouble. Make sure you understand your upcoming hearing schedule.
- Preserve helpful evidence. Save receipts, bank statements, loyalty program records, and contact information for witnesses who were with you.
- Speak with a defense attorney promptly. Consulting a shoplifting criminal lawyer in Martinsburg allows you to understand your options and begin planning your defense with guidance tailored to your situation.
Talk To Our Martinsburg Shoplifting Attorneys Today
If you or a family member is facing a shoplifting accusation here, you do not have to navigate the criminal system alone. Our attorneys at The Criminal Law Center focus entirely on criminal defense, and we apply decades of experience to every theft case we accept.
When you contact us, we listen to your concerns, review your paperwork, and explain the next steps in clear language. Our goal is to reduce your uncertainty, protect your rights, and work toward the best outcome that the facts and law allow. Reaching out for help is the first step toward regaining control of your situation.
Call (304) 262-9300 or reach out online to speak with our criminal defense team about your shoplifting case.