The holiday season in California is supposed to be about cheer and goodwill. But for some, the joy is shattered by a nightmare: being accused of theft. Retailers and law enforcement often ramp up their vigilance in December, and sometimes, innocent people get caught in the dragnet. If you're reading this, you might be facing the grim reality of a post-holiday criminal charge—and you need to fight back, right now.
Immediate Action: The First 48 Hours are Critical
A criminal accusation is not a friendly conversation; it’s a fight for your rights. Your actions in the immediate aftermath can make or break your case.
Invoke Your Right to Silence: This is non-negotiable. Law enforcement officers are trained to elicit confessions or contradictory statements. Do not talk to the police, detectives, or store security without your attorney present. Politely but firmly say, "I am invoking my right to remain silent, and I want a lawyer." This is your most powerful defense. Use it.
Do Not Consent to a Search: If asked to search your vehicle, home, or personal belongings, say, "I do not consent to this search." The police must then obtain a warrant, which forces them to prove probable cause. This can expose weaknesses in their case early on.
Document Everything: As soon as you are safely able to, write down every detail you can recall:
The exact time, date, and location of the incident/arrest.
The names or descriptions of all officers and security personnel involved.
What you were doing and wearing.
Any witnesses (even if they were not interviewed).
Understanding the Charges You Face in California
In California, theft is broadly defined, and the charge you face dictates the severity of the penalty:
Shoplifting/Petty Theft (Under $950): Often a misdemeanor, but can lead to jail time, heavy fines, and a permanent criminal record.
Grand Theft (Over $950): A serious charge that can be filed as a felony, leading to state prison time. It includes theft of property, labor, or services.
Burglary: Entering a building with the intent to commit a felony or petty theft. Even if you didn't take anything, the intent alone can trigger a felony conviction.
A dedicated defense attorney will aggressively challenge the prosecution’s narrative. We investigate whether security footage is flawed, whether witness IDs are faulty, or if your constitutional rights were violated during the arrest.
Stop the Prosecution in its Tracks
Facing a theft charge is terrifying, but it is not a lost cause. The prosecution must prove every element of the crime beyond a reasonable doubt. Our job is to inject that doubt and force them to fold.
If you are a California resident facing a post-holiday theft accusation, don't entrust your freedom to a public defender swamped with cases. You need dedicated legal warriors who will treat your case as the highest priority. At Greenberg, Greenberg & Kenyon, we know what a theft accusation—from petty shoplifting to grand larceny—can do to your life. The penalties in California are severe, threatening your freedom, your finances, and your future. Don't wait for the system to chew you up. Take immediate, decisive action.
Contact us for a confidential case evaluation at (951) 574-2281. Fight back.