Summit Defense Attorneys See Increase in San Jose Shoplifting and San Jose Petty Theft Cases Prosecuted as Commercial Burglary PC 459/ 460(B)
San Jose Criminal Defense Attorney Steve Davidson has noticed an increase in Santa Clara county shoplifting cases prosecuted as commercial burglary. Mr. Davidson and the attorneys at Summit Defense are fighting this extreme approach. They feel that the punishment doesn't fit the crime and are aggressively defending these cases.
San Jose, CA, November 19, 2009 --(PR.com)-- A San Francisco resident was accused on Wednesday of commercial burglary at the Valley Fair Mall in San Jose.
Macy's Loss Prevention Personal observed the man enter a changing room with many sweaters and shirts. Upon leaving it was observed that no items were left in the dressing room and the man was not carrying the clothing. A store detective followed the man outside the store where he was asked to return to the store for an interview. Once inside it was discovered that the items had been concealed inside the man's puffy 49ers jacket.
Although seemingly routine, this case is notably different from most shoplifting cases. The suspect was later charged with not just petty theft but also the much more serious offense of commercial burglary in San Jose Superior Court.
The District Attorney's Office position was that because the defendant had confessed to stealing on previous occasions (without getting caught), this incident was planned before entering the department store.
Normally, a commercial burglary charge would require stronger evidence of intent. However, according to Summit Defense attorney, Steve Davidson "Santa Clara County has recently been aggressively prosecuting shoplifting allegations. Already, Santa Clara County is one of the few Bay Area Counties that does not offer a formal diversion program. Now prosecutors are filing commercial burglary charges with very little evidence."
The Summit Defense Law Firm, known for defending many first time offenders and professional people in the Silicon Valley and San Jose areas, has been very critical of what Mr. Davidson calls "Santa Clara County's draconian approach."
San Jose theft attorney Steve Davidson is quoted as saying:
"Shoplifting is seldom a property crime. It is often a consequence of stress and depression...our clients usually need counseling and not the stigma of a criminal record."
About Summit Defense
Summit Defense is a Northern California Criminal Defense Law Firm with offices throughout the Bay Area and the Sacramento region. Their accomplished team of trial attorneys includes two former prosecutors, a former police officer and attorneys who graduated from the country’s top law schools. Their Criminal Defense Attorneys handle the full spectrum of criminal defense cases with a focus on serious felony defense.
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Macy's Loss Prevention Personal observed the man enter a changing room with many sweaters and shirts. Upon leaving it was observed that no items were left in the dressing room and the man was not carrying the clothing. A store detective followed the man outside the store where he was asked to return to the store for an interview. Once inside it was discovered that the items had been concealed inside the man's puffy 49ers jacket.
Although seemingly routine, this case is notably different from most shoplifting cases. The suspect was later charged with not just petty theft but also the much more serious offense of commercial burglary in San Jose Superior Court.
The District Attorney's Office position was that because the defendant had confessed to stealing on previous occasions (without getting caught), this incident was planned before entering the department store.
Normally, a commercial burglary charge would require stronger evidence of intent. However, according to Summit Defense attorney, Steve Davidson "Santa Clara County has recently been aggressively prosecuting shoplifting allegations. Already, Santa Clara County is one of the few Bay Area Counties that does not offer a formal diversion program. Now prosecutors are filing commercial burglary charges with very little evidence."
The Summit Defense Law Firm, known for defending many first time offenders and professional people in the Silicon Valley and San Jose areas, has been very critical of what Mr. Davidson calls "Santa Clara County's draconian approach."
San Jose theft attorney Steve Davidson is quoted as saying:
"Shoplifting is seldom a property crime. It is often a consequence of stress and depression...our clients usually need counseling and not the stigma of a criminal record."
About Summit Defense
Summit Defense is a Northern California Criminal Defense Law Firm with offices throughout the Bay Area and the Sacramento region. Their accomplished team of trial attorneys includes two former prosecutors, a former police officer and attorneys who graduated from the country’s top law schools. Their Criminal Defense Attorneys handle the full spectrum of criminal defense cases with a focus on serious felony defense.
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Summit Defense
Scott Harris
(510) 412-8900
www.summitdefense.com
Scott Harris
(510) 412-8900
www.summitdefense.com
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