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Posted on in Criminal Defense

The act of taking an item in a concealed manner and leaving without paying is called shoplifting. Although it is a larceny, it is considered a theft of someone else's property. Although taking something from a store is considered as shoplifting, there are some other cases that may also lead to shoplifting charges. Any scenario in which you take off with something without paying will be considered shoplifting under the law.

 

The charges and sentencing for shoplifting usually vary depending upon the type of offense committed. For example, if the stolen goods are of more value, the sentencing could be severe. Furthermore, dangerous items like weapons being stolen is a serious issue which is why the charges are always more severe. The prosecution has the right to decide what charge they want to press against the defendant. There are several factors that the prosecutor analyzes before coming up with any formal charges. They may have a look at the defendant's prior record to see whether there is a history of shoplifting. Defendants without any serious history of shoplifting might get off easier than one's who have a history.

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Weapons crimes are capital felonies that should be taken seriously by all Wisconsin residents. Just to remind those who might not know, weapons crimes refer to atrocities arising from the illegal possession of arms irrespective of your intentions or location. In most cases, being convicted of weapons charges can adversely your freedom, let alone your reputation. To aggravate the situation, a harsh penalty awaits you once the jury brands you a criminal. Most felonies revolving around illegal gun possession tend to escalate out of control, hence the need to enforce stiff penalties to perpetrators.

Weapons Crimes lead to grave consequences with murder being the unfortunate fatality to victims. The possession of a weapon during the commission of a felony is widely considered to be a malicious intent to exploit an unsuspecting victim. However, the sentencing of such a convict greatly depends on the following factors necessary in the execution process of the intended crime:

  • The presence and consequent use of a weapon during the assault
  • Extent of injury caused to the victim
  • Status of the injured party
  • Intent of the offender while committing the crime

Once such factors have been tied to the offense, it is just a matter of time before a Judge issues a verdict with severe consequences in most cases. Depending on the exact nature of the crime, a Judge might classify it as a misdemeanor or a capital offense, in the worst case scenario. For misdemeanors, lighter sentences should be enough to rehabilitate offenders while serious felonies would spell an entirely different situation altogether. For instance, a simple robbery crime might command a few months of incarceration or a complete year in the presence of irrefutable evidence. Once arrested, Wisconsin law still presumes you to be innocent until proven guilty. This essentially means you should not divulge any incriminating information that might be used to tie your noose in a literal sense.

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There are people all over who make the decision to commit a crime. While some are able to get away with the wrong they have done, not all of them can say they have been successful. Being charged with a theft or property crime like shoplifting or burglary can have a negative effect on your life. However, depending on how the crime is classified, the consequences may not be as harsh as some people believe.

Taking something that does not belong to you is what makes it a crime. A theft crime is typically categorized as petty or grand. When courts are determining which category a crime should fall into, they will consider various things, including the kind of property that was stolen and how much it was worth.

In many states, when a crime is considered petty, the property that was stolen is not valued above a certain amount. For example, if a bracelet was less than $1000, the courts may decide that it was a petty crime. When a crime is considered grand, the value of the item or items stolen exceeds that of a petty crime. These two crimes also differ because one is usually considered a misdemeanor, and the other is considered a felony.

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The act of obtaining someone's identity or personal information through deceptive means is considered as identity theft. In most identity theft cases, this information is used for personal financial gain. A person's personal and economic data can be used for your own benefit in several ways, and all states have statutes to protect their citizens against identity theft.

Information that is deemed personal includes social security number, credit card pin codes, credit history and internet passwords as well. Different means are often used to get this information. In some cases the information has been leaked through government organizations that have all this information. These days the internet has become a major part of our lives, and can be used to obtain sensitive information. Cyber crime is being readily used to facilitate identity theft because it is a lot safer as well.

The government has made several laws against identity theft offenders. It is considered a federal crime and being convicted of it could lead to hefty fines and several years in prison. However, the sentencing does depend upon the seriousness of the crime committed. In cases where the financial loss for the victim was considerable, there is a higher chance of a strict sentence.

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An important issue to explore in any criminal defense case is whether law enforcement did their job properly, whether they followed the rules, procedures and protocols to which they are bound. These rules are in place not just to ensure uniformity of procedure, but also to ensure criminal suspects’ legal rights are protected and to uphold the integrity of the criminal process.

The technology used in law enforcement is, of course, continuously developing and it typically takes awhile for the law to catch up to emerging policing technologies. An example of this is the 2001 U.S. Supreme Court case, Kyllo v. United States, which ruled that police must obtain a search warrant before using a thermal imaging device on a private home. Prior to the ruling in that case, the technology had been used in law enforcement for a number of years, but it took time for the legal system to clarify the legality of the technology in the context of constitutional law.

One technology which has recently increased in law enforcement across the country is facial recognition technology. Facial recognition, as it is currently practiced, involves the use of computer software to match the faces of criminal suspects with images in a database. The software, according to a recent report coming out of Georgetown University, is currently used in some form in 16 states, including Florida.

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