As Virginia criminal defense attorneys, Portner & Shure has defended its fair share of clients accused of shoplifting. Often a client accused of theft did commit the crime. The prosecutor may have evidence such as video tape and/or testimony from store employees. Many times clients who are arrested for shoplifting avoid conviction because the prosecutor fails to request the presence of a necessary witness or, more than likely, the witness necessary to the Commonwealth's case just doesn't feel like coming to court. Loss prevention officers, who are employed by stores to catch shoplifters, have a high turnover rate. Once the loss prevention officer is no longer employed by a store, the chance that they will show up to a shoplifting trial is highly unlikely.
July 2011 Archives
German Marquez, is a Salvadorian who was charged with failing to submit to a breath test in New Jersey. He successfully appealed his conviction in the state Supreme Court because he was read the statement warning him of the penalties he faced if he did not submit to a breath test only in English. The ruling of the state Supreme Court essentially levels the playing field for non-English speaking residents to that of English speakers. Until now, in Maryland and Virginia, drivers are deemed as having given implied consent to a breath test as a condition of being on the road. The American Civil Liberty Union feels that the prior lack of a translation policy meant non-English speakers were being held to a "higher standard" of being expected to memorize what is in the driver's manual. The ACLU has compared the need for translation of consent to a breath test to the need of translating Miranda rights and court proceedings, which the state's courts do provide.
