If you are charged with shoplifting in Missouri, do not pay the ticket or plead guilty right away, because a guilty plea creates a conviction for stealing on your record. The first step is to read the court date on your ticket, write down what happened, and talk to a shoplifting attorney before you decide how to plead.
This post walks through what to do after a shoplifting charge, step by step, from the store and the ticket to the court date. It also covers the store’s civil demand letter, the possible outcomes, and what a conviction does to your record.
What Should You Do First If You Are Charged With Shoplifting?
The first things to do after a shoplifting charge are to stay calm, protect your court date, and avoid pleading guilty. Here is the order that works best for most people:
- Keep every piece of paper. The ticket, the store receipt or release form, and any letter from the store all matter. The ticket shows the court and the court date.
- Do not discuss the case with store staff, the police, or anyone else. Anything you say or sign can be used in the case. Be polite and keep it short.
- Write down what happened while you remember it. Note the date, the store, the items, who stopped you, how long you were held, and what you were told.
- Find out which court is prosecuting the case. The ticket names a municipal court or the state court. The court decides the fine, the court date, and the kind of deal that is possible.
- Do not pay the ticket and do not mail in a guilty plea. Paying a ticket is the same as pleading guilty in most courts.
- Do not pay the store’s civil demand until you have talked to a lawyer. It is a separate matter from the criminal charge, and it is covered below.
- Call Andrea before your court date. A short call lets her read the ticket and tell you what options are possible in your court.
Andrea has also written a shorter checklist of what to do after shoplifting that readers use as a quick reference.
Should You Plead Guilty to a Shoplifting Ticket?
You should not plead guilty to a shoplifting ticket before talking to an attorney, because a guilty plea means a stealing conviction on your criminal record. Some people think shoplifting is not a real crime and that paying a small fine ends the matter. It does not.
A conviction for shoplifting, stealing, or petty theft shows up on criminal background checks. It can affect a job application, an apartment rental, a bank loan, and federal student loans. Andrea explains this in more detail in her post on the shoplifting criminal record question.
A guilty plea can sometimes be withdrawn later by an attorney, but that process is more expensive and takes much longer than handling the charge correctly the first time.
What Is the Penalty for Shoplifting in Missouri?
The penalty for shoplifting in Missouri depends on the value of the items, because Missouri has no separate shoplifting offense and treats it as stealing. The charge comes from Missouri’s stealing statute, RSMo 570.030.
| Value of Items | Charge | Maximum Penalty |
|---|---|---|
| Less than $150, first stealing offense | Class D misdemeanor | $500 fine |
| $150 to under $750 (or less than $150 with a prior stealing finding) | Class A misdemeanor | Up to 1 year in jail and a $2,000 fine |
| $750 or more | Felony stealing | Much more serious; talk to an attorney right away |
Sources: RSMo 570.030 (stealing), RSMo 558.002 (fines), RSMo 558.011 (jail terms). Municipal courts may set their own fines within these limits, so check the ticket.
This table replaces the older figures in this post. The earlier version said a $500 value was the line for a felony and listed a $1,000 maximum fine, but the statutes now use $750 for the felony line and $2,000 as the maximum fine for a class A misdemeanor. Andrea’s post on the penalty for shoplifting in Missouri covers the amounts in more depth.
Is There Jail Time for a First Shoplifting Charge?
A first shoplifting charge for items under $150 carries no jail time under the statute, only a fine of up to $500. That is the class D misdemeanor in the table above. A first charge for a larger amount is a class A misdemeanor, where jail is possible on paper.
What happens in a real case depends on your history, your age, the items, and the court. Andrea explains the under-$150 rule in her post on no jail time for stealing, and she can tell you which category your ticket falls into.
What Happens at Your Shoplifting Court Date?
At your shoplifting court date, the judge asks how you plead, and the Prosecutor may offer a plea bargain deal. If you do not show up, the court can issue a warrant for your arrest, so the court date should not be ignored.
In many municipal courts, an attorney can appear for you. In others, you may need to come to court with your attorney. The ticket and the court’s own rules decide which applies, so call the court clerk or Andrea to confirm before the date.
The possible results fall into a few groups, and the right one depends on the facts:
- Dismissal. The charge is dropped and no conviction is entered.
- Reduction to a lesser offense. Some courts have allowed a shoplifting ticket to be reduced to an offense such as littering, which avoids a stealing conviction.
- Suspended imposition of sentence (SIS). This means the judge puts you on probation, and there is no conviction on your record if you finish probation without violations.
- Trial. If you have proof you did not steal, a trial is possible, but it costs more than a plea bargain deal.
These are possible outcomes, not promises. Which one is available depends on your criminal history, your age, the items, how the stop went, and which court has the case. An attorney who handles stealing charges can tell you what is realistic in your court before you commit to a plea.
What Is a Suspended Imposition of Sentence (SIS)?
A suspended imposition of sentence (SIS) is a probation outcome where the judge holds off on sentencing you and closes the case with no conviction if you complete probation. Missouri law lists it as an authorized disposition (RSMo 557.011).
The conditions are set by the judge. They often include probation for a set period, court costs, community service, and a class for theft offenders. A common condition is a ban from the store or mall where you were caught, and going back can lead to a trespassing charge.
A new arrest, charge, or police contact for theft during probation can be a violation. If you violate probation, the judge can hold a revocation hearing and sentence you on the original charge.
What Did Shoplifting Cases at the St. Louis Galleria Look Like?
Shoplifting cases at the St. Louis Galleria were prosecuted in Richmond Heights Municipal Court in 2013, and the court required an appearance and a stricter deal than many other courts. That is dated history from Andrea’s 2013 post on the Galleria, not a description of today’s court practice.
At that time, the best deal Andrea could usually negotiate in that court was an SIS with 2 years of probation, $26.50 in court costs, 20 hours of community service, the theft offenders class, and a ban from the Galleria during probation. Fines, costs, and conditions change, so ask the court or Andrea what applies to your ticket now.
The larger point still holds. Courts in the St. Louis area treat shoplifting differently from one another, which is why the name of the court on your ticket matters as much as the charge itself.
Should You Pay the Store’s Civil Demand Letter?
You should not pay the store’s civil demand letter without talking to an attorney first, because the letter is not a court order and paying it does not end the criminal charge. Most large stores send a letter after a shoplifting stop asking for a set amount to cover the store’s costs. Andrea’s earlier posts describe the amount as $250.
The store can only collect if it sues in civil court and wins a judgment. Paying the letter does not stop the police or the Prosecutor from pursuing the criminal case, and it has no effect on your court date. Stores rarely sue over a single incident, since the cost of suing is often more than the amount at stake.
Store security staff may press you to pay on the spot and may say the amount goes up if you wait. Missouri law (RSMo 537.125) allows a merchant to detain a suspect only in a reasonable manner and for a reasonable time. Read more in Andrea’s post on the shoplifting civil demand.
Can a Shoplifter Sue a Store for False Imprisonment?
A person accused of shoplifting can sue a store if the store held them too long or used force that was not reasonable. Security staff may use reasonable force to detain a suspect for a reasonable length of time while they check and wait for police. A detention beyond that can lead to a claim for false imprisonment, assault, or battery.
Write down how long you were held and what was said, because those details can matter to the criminal case as well as to any civil claim.
How Can an Attorney Help With a Shoplifting Charge?
An attorney can review your ticket, talk to the Prosecutor, and work toward a dismissal or a reduction that keeps a stealing conviction off your record. Andrea Rogers handles shoplifting and stealing defense in the St. Louis area, and she handles every call and every case personally.
Without a lawyer, you also risk a judge handing down a harsher sentence than a negotiated deal would bring. If your case is in a court where you must appear, Andrea can go with you.
Frequently Asked Questions About Shoplifting Charges
Can You Go to Jail for Shoplifting in Missouri?
Yes, jail is possible for a class A misdemeanor, with a maximum of 1 year. A first stealing offense under $150 is a class D misdemeanor with a fine only. The court, your history, and the value of the items all affect what happens.
Does a Shoplifting Charge Show Up on a Background Check?
A conviction for stealing shows up on criminal background checks. A dismissal or a successful SIS closes the case without a conviction. A charge that is pending may still be visible while the case is open.
Does Returning the Items Make the Charge Go Away?
No. Giving the items back or paying for them does not cancel the ticket. The prosecutor decides whether to continue the case.
Do I Have to Go to Court for a Shoplifting Ticket?
Most of the time yes, unless the court allows an attorney to appear for you. Missing a court date can lead to a warrant, so confirm the date and the rules of your court.
Can the Store Sue Me If I Do Not Pay the Civil Demand?
The store can file a civil lawsuit, but it rarely does. You owe nothing unless the store sues and wins a judgment, and the demand letter does not affect the criminal case.
The Bottom Line
After a shoplifting charge, do not pay or plead guilty right away, keep your court date, and hold off on the store’s civil demand until you have spoken to an attorney. A dismissal, a reduction, or an SIS may be possible, depending on your court and your history.
Andrea handles every call and every case personally. She offers a free consultation with a flat fee price quote up front. Call her at (314) 724-5059, or learn more about The Rogers Law Firm.
You can also see how pricing works before you call.
