Elberta, Alabama Criminal Defense Attorney

 Were you arrested for shoplifting at Walmart self-checkout in Gulf Shores, Alabama? If so, you need an experienced criminal defense lawyer to defend you in the Gulf Shores Municipal Court. Shoplifting (Theft of Property, 4th degree) is a Class A misdemeanor in Alabama with potential jail time of up to 365 days if convicted.  A shoplifting / theft of property, 4th degree charge from Walmart in Gulf Shores requires the City Prosecutor to prove the following: “(a) A person commits the crime of theft of property if he or she: (1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property ; [or] (2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property ; … “ (emphasis added) Section 13A-8-2 (Code of Ala.) “(a) The theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of another constitutes theft of property in the fourth degree. (b) Theft of property in the fourth degree is a Class A misdemeanor.” Section 13A-8-5 (Cod of Ala.)  Therefore, If you are charged with shoplifting from Walmart in Gulf Shores, you need an experienced Criminal Defense lawyer to represent you against the City of Gulf Shores. The Prosecutor must prove the element of intent: knowingly obtaining unauthorized control of the property, and intent to deprive the owner of property. The element of intent is decided by the Judge in Gulf Shores Municipal Court if there is a bench trial. If the case is appealed to the Circuit Court of Baldwin County for a jury trial, the jury will decide if you had intent based on the evidence presented at trial.  Walmart in Gulf Shores is very aggressive in the prosecution of suspected shoplifting via the self-checkout kiosks. Self-Checkout kiosks at Walmart in Gulf Shores are monitored by cameras at each kiosk and some Walmart stores are now installing Artificial Intelligence (AI) anti-theft technology at self-checkout kiosks. Walmart in Gulf Shores also has “eye in the sky” 360 degree cameras in the ceiling throughout the store. These cameras are far away but can be controlled and zoom in close enough to read your text message on your phone screen.  If you are suspected of shoplifting at a self-checkout at the Gulf Shores Walmart, a member of the Loss Prevention (aka Asset Recovery) team may approach you just before you leave the store. They will identify themselves and ask you to follow them with your cart of items into the security room that most people do not know about. The security room at the Gulf Shores Walmart will be recording audio/video of you. The loss prevention worker will likely attempt to get you to admit you were intentionally bagging items without scanning them or other methods of an alleged shoplifting they detect.  Remember, Gulf Shores Walmart loss prevention (asset recovery) employees are NOT required legally to read you Miranda Rights before they question you because they are not law enforcement officers. Therefore, if you are in a situation where you are being accused of shoplifting from Gulf Shores Walmart by a loss prevention employee, know that everything is being recorded and your best response should usually be to remain silent, respectfully not answer any questions, and know that you are probably about to get arrested by the Gulf Shores Police Department. Even if you did not intentionally bag an item that did not scan, or that scanned wrong, etc., there is no need to give a statement or respond in any way. If you get arrested save your talking for your criminal defense lawyer you will consult with to discuss representatio  Criminal defense lawyer, Jordan M. Copeland has represented many people charged with shoplifting from Walmart and other businesses in Gulf Shores. Experienced and result oriented criminal defense lawyer, Jordan M. Copeland, and his law office has defended people against shoplifting charges since 2007.  If you are charged with shoplifting / theft of property, 4th degree from Walmart in the Gulf Shores Municipal Court and you retain our law office to represent you, we can go to work filing the proper Motions to Produce Evidence and Subpoenas via the Court necessary to obtain all the audio/video evidence in your case. We can review all this discovery evidence before your court date to build the best defense and leverage your position with the Prosecutor and Judge. Our goal (not guarantee, no lawyer can ethically make a guarantee as to results of a case) is to keep you out of jail and for your case to result in a non-conviction. Our experience and results speak for themselves.  Law Offices of Jordan M. Copeland located in Foley also represent clients in Petitions for Expungement of prior shoplifting / theft of property, 4th degree cases from Walmart in Gulf Shores and throughout Baldwin County. Many people are unaware of the following fact: If you were previously charged with shoplifting / theft of property, 4th degree from Walmart in Gulf Shores, even if the case resulted in a non-conviction (dismissed, nolle prossed, not guilty after trial, etc.) you will still have the record of the arrest for shoplifting on you criminal background reports with the state, FBI, and non-government background reports unless you are granted an Order of Expungement from the Circuit Court of Baldwin County.  If you were previously charged shoplifting / theft of property 4th degree at Walmart in Gulf Shores and your case was “nolle prossed” or “dismissed with prejudice” (as Ordered on the final Case Action Summary) you can be eligible to Petition for Expungement of the arrest records after 90 days from the final Order from the Judge. If the case was “dismissed” you must wait a year from the date of dismissal before it is eligible to Petition for Expungement.  If you were convicted (pled guilty or found guilty after a trial) of shoplifting / theft of property, 4th degree from Walmart in Gulf Shores, you must wait three (3) years before your case can be eligible to petition or an Expungement of the conviction.  For more information and possible representation in defense of a shoplifting / theft of property, 4th degree charge from Walmart in Gulf Shores, contact the Criminal Defense Law Office of Jordan M. Copeland at (251) 545-3637 or Jordan@OrangeBeachLawyer.com . Also, feel free to contact our law office if you had a prior shoplifting / theft of property, 4th degree charge from Walmart in Gulf Shores and you are interested to determine if you are eligible to retain our law office to represent you in the petition for expungement process to clear your criminal record.