In 2024, the City of Cumming prosecutes shoplifting crimes under Georgia law--- your citation likely has a box marked "state law" as opposed to "local ordinance." If you are arrested or given a ticket for shoplifting in the City of Cumming, you will be given a first court date in the Cumming Municipal Court where you will be expected to answer to the charges and enter a plea before the Judge. Read this article for the very basic, but crucial information you must know before heading into court to defend your case and learn why our team at Zeliff | Watson is who you should trust to defend you in this situation.
Cumming Georgia Theft By Shoplifting Process
The Cumming Municipal Court is tough on shoplifting crimes. The Market Place Boulevard Kohls, Lowes, Home Depot, Target, Walmart, and other area Cumming area stores all have loss prevention officers (LPOs) that will turn your case over to Cumming Police Department for prosecution. Depending on the officer, you may be arrested and forced to bond out of the Forsyth County Jail on your charges, or the officer may opt to issue you a citation to require your appearance to answer for the charges in the Cumming Municipal Court.
Once we discuss our approach to your defense, we will work with the city clerk's office to gather all of the evidence and information available about your arrest so that when we do begin to negotiate we know the full story about the retailer's allegations.
Should I transfer my case to Forsyth County?
While it may seem the deck is stacked against you, there are other options besides pleading guilty to your shoplifting charges. Depending on the amount you are alleged to have shoplifted, you can transfer your case to the State or Superior Court of Forsyth County. Allegations of shoplifting less than $500 will transfer over to the Forsyth State Court as misdemeanor charges, while allegations of over $500 in merchandise were taken will transfer to the Forsyth Superior Court and be prosecuted as felonies. However, we caution you to not make a decision on your own about transferring your case. Once done, it cannot be undone, and this could have unintended consequences.
Shoplifting First Offender Pleas?
While in Court with our clients, we have noticed many people without attorneys pleading guilty to shoplifting charges and using their first offender option under Georgia law. This is a terrible idea. First offender is only available to every citizen of this state ONE TIME in your whole life. Once you've used it, it cannot be undone and you never have the ability to plead first offender again. Because of the tremendous importance of your first offender privilege, and the fact it can be used on most felony charges, as well as other severe misdemeanors, it is mis-advised to use this plea option in Cumming's Municipal Court. There are other options available to keep your record clear, or clean it, depending on whether or not you were arrested.
How Zeliff | Watson Can Help Defend Shoplifting Allegations
At Zeliff | Watson, our team of Evan, Peter, and Charles works tirelessly to defend those wrongfully accused in our local Cumming and Forsyth County court system. From day 1 of our representation, our team will being executing a strategy to ensure your case does not affect your long term criminal record, or have even more severe consequences. We believe in being proactive and will make suggestions and give you the resources you need to come to court prepared; something that both the prosecutor and Judge will look favorably upon. Our team will also negotiate to get you the best outcome, and potentially avoid a trial in your case. Ultimately, we are able to reach a very favorable resolution in almost 100% of our cases in the Cumming Municipal Court.
Zeliff | Watson Know the Ins and Outs of Shoplifting Defense
If you have been charged with shoplifting or theft in Cumming, Georgia, and need expert help on keeping your record clean and defending your case, call us today to setup a one-on-one consultation to discuss the facts of your case. Our lawyers defend dozens and dozens of shoplifting and theft cases in Cumming and neighboring courts every year and will put our experience to work for you. There are some first steps we advise all of our clients to take when defending shoplifting charges, and we will be glad to share this information with you so you can get started ASAP. We can be reached directly at (770) 887-3720 or by filling out the contact form on our site.