What Is Organized Retail Theft in Washington?

Organized retail theft, on the other hand, is theft of merchandise by individuals, or groups of individuals, who steal the merchandise as part of their organized activity. Washington has specifically addressed Organized Retail Theft in the law and sets forth the different levels of criminal conduct based on the value of the stolen goods as well as other criteria.

As with any serious crime, Organized Retail Theft carries severe consequences for those found guilty of the offense. If you, or someone you know, are under investigation for Organized Retail Theft, or have been charged with the crime in the Vancouver, WA area, it is highly recommended that you seek the advice of an experienced Criminal Defense Attorney familiar with the law as it pertains to this emerging offense.

What Does Organized Retail Theft Mean?

According to Washington law, RCW 9A.56.350 defines Organized Retail Theft.

Intentionally steals property from a retail establishment as part of an organized plan or activity;

Intentionally steal property from a retail establishment as part of an organized plan or as part of other coordinated activity.
Possessing retail merchandise that has been stolen with the intent to sell, exchange or return the merchandise for value.
Commit theft with another or, with another or others, conduct themselves with the intent to obtain, distribute or receive stolen retail merchandise for sale or transfer with intent to be received by others in return for payment or withLike intent to be sold, transferred or received.

The specifics of the conduct charged will vary from subsection to subsection and will detail the specific actions that must be proven in order to secure a conviction for organized retail theft.

Another aspect of organized retail theft is that the conduct involved in such activity may differ significantly from typical shoplifting situations. Such include evidence of a broader scheme or conduct, including, for example, coordination with others in the theft or distribution of the stolen retail property.

Is Organized Retail Theft a Felony in Washington?

It can be.

Washington defines the degree of Organized Retail Theft by the circumstances of the offense including the value of the property taken.

The potential classification can depend on a variety of factors including:

  • The value of the stolen property
  • Whether the alleged conduct involved a single incident or coordinated activity
  • Whether the person possessed stolen property for resale or other commercial purposes.
  • The person’s prior criminal history
  • Whether other offenses were allegedly committed

As the ORT charge is classified, potential penalties for ORT can be discussed with an attorney who has reviewed the specific charges against you.

What is the difference between shoplifting and Organized Retail Theft (ORT)?

Shoplifting is typically charged when someone has taken merchandise from a store without paying for it.

Retail theft is often associated with organized retail theft when there are circumstances that suggest the retail theft was done in a coordinated or even commercial manner.

For example, they may allege that several individuals stole products from stores and then sold them online or through other mediums.

While a single incident of shoplifting by more than one person could be charged as organized retail theft, that is not automatically the case. In order for the case to be charged as organized retail theft, all of the elements of the statute must be satisfied.

Examples of Conduct That Could Lead to an Organized Retail Theft Investigation.

EVERY CASE IS UNIQUE – examples of situations that may lead to an organized retail theft investigation are shown below.

Coordinated Shoplifting

People allegedly working together to take huge amounts of merchandise from retail stores.

Reselling Stolen Merchandise

  • Reselling Stolen Merchandise: Shoplifting products and reselling them online via marketplaces, social media, etc.

Return Fraud

A person that possesses stolen property for the purpose of returing it to a retail establishment for money or store credit in connection with the theft of that property.

Repeated Retail Theft

Investigations can look at multiple instances of retail theft to see if they are part of a larger scheme.

Organized Distribution

This can also include situations where stolen goods are moved through the hands of several individuals before finally reaching the buyer.

These types of crimes can be charged with more severe penalties than a simple shoplifting case.

How Do Police Investigate Organized Retail Theft?

Methods of retail theft investigations include information provided by retail stores, security personnel, law enforcement agencies and online platforms.

Investigators may examine:

  • Store surveillance footage
  • Point-of-sale records
  • Inventory records
  • Witness statements
  • Vehicle information
  • License-plate information
  • Text messages
  • Social media accounts
  • Online marketplace listings
  • Financial transactions
  • Communications between alleged participants

Separate incidents may be connected to determine whether they were committed by the same person or group of individuals.

Do not attempt to explain the circumstances of your alleged involvement in a crime under investigation to investigators without first consulting with an attorney.

Charged for Organized Retail Theft Without Being Caught Inside the Store?

Potentially.

An organized retail theft investigation may involve much more than just surveillance of a retail store and may use a lot of evidence from outside that store.

For example, investigators rely upon surveillance video, communications of alleged participants, online listings of merchandise for sale, and eyewitness accounts, among other pieces of evidence.

However, an investigation is not a conviction. The State must prove each element of the crime charged in order to secure a conviction.

What Evidence Can the Prosecution Use?A criminal defense attorney would analyze how you were connected for the alleged conduct and whether there is enough evidence to support the charges against you.

The types of evidence a prosecutor can use will depend on the specific retail theft case.

Potential evidence can include:

  • Surveillance video
  • Photographs
  • Witness testimony
  • Store records
  • Inventory records
  • Electronic communications
  • Social media posts
  • Online sales records
  • Physical evidence
  • Statements made during an investigation
  • Evidence obtained through a search

Your attorney can review the source and reliability of that evidence.

Can Evidence From a Search Be Challenged?

Potentially.

Under the Fourth Amendment and the Washington Constitution, unreasonable searches and seizures are prohibited.

Does police have authority to search the vehicle, home, phone, computer, etc.? in which investigation you were a suspect or a witness?

Questions may include:

  • Did police have a warrant?
  • Was the warrant valid?
  • Did police have probable cause?
  • Did someone consent to the search?
  • Did officers exceed the scope of the search?
  • Was electronic evidence obtained lawfully?

Your attorney may attempt to have evidence discovered by police during an unlawful search excluded from use at trial.

What If the Merchandise Was Not Mine?

Title 18 of the Pennsylvania Consolidated Statutes outlines the issues of ownership and possession in the context of organized retail theft cases.

In addition, for example, merchandise may be found in a shared vehicle, in a shared home, in a shared storage unit, etc.

As with any set of facts, the simple presence of property in a location does not answer all of the relevant factual and legal questions regarding who knowingly possessed the goods or was involved in the theft scheme.

Your attorney can examine:

  • Where police found the merchandise
  • Who controlled the location
  • Who had access to the property
  • Whether any fingerprints or other evidence found on the merchandise link that merchandise to the accused?
  • Whether witnesses identified the person
  • Whether communications exist between the defendant and others involved in the alleged scheme to commit Organized Retail Theft.
  • Whether the prosecution can establish the required intent

What If Someone Else Committed the Theft?

A single person commits a theft crime, but others are charged with the same offense for participation in the same scheme to steal.

There are several forms of liability for crimes committed by other people, and the state must prove the form of liability upon which the prosecution is attempting to rely in order to convict.

Additionally, if you have been accused of organized retail theft because you were present when another person committed the theft, the facts and circumstances surrounding your involvement will greatly impact your case.

Your Attorney will investigate the facts of your situation and determine if the state has sufficient evidence to prove that you are responsible for the crime for which you are being charged.

What Are Possible Defenses to Organized Retail Theft?

There is no single defense to organized retail theft that applies in every case.

Possible defenses to Organized Retail Theft depend on the facts of the case. Some of the issues that might be investigated are:

Lack of Intent

This may require evidence that does not support the alleged intent of another.

Mistaken Identity

Surveillance footage or a witness’ identification of the defendant(s) may be unreliable.

Lack of Knowledge

You did not know that merchandise had been stolen or that others were also involved in thefts.

Insufficient Evidence

Gaps or inconsistencies in the evidence for the elements of a crime can form the basis of a defense that there is sufficient doubt to enter a not guilty verdict.

Your attorney will challenge any evidence obtained by the police through an illegal search and/or seizure.

Disputed Value

Sometimes the value of merchandise in an offense will determine whether the offense is a misdemeanor or a felony. If you are charged with retail theft, your attorney will investigate how the alleged value of the merchandise was established by police.

Credibility Issues

Statements by a witness which conflict with other statements given by that same witness can effectively undermine the strength of the Prosecution’s case.

What to Do If You’re Being Investigated for Organized Retail Theft.

You need to take any investigation by the police seriously.

Do Not Try to Explain Everything to Investigators

Don’t make any statements about the matter under investigation prior to speaking with your attorney.

Do Not Delete Evidence

DO NOT DESTROY, ALTER, CHANGE, OR DELETE ANY MESSAGES, DOCUMENTS, PICTURES, ETC. INCLUDING TEXT MESSAGES, EMAILS, NOTES, OR OTHER INFORMATION RELATED TO THE CASE.

Do Not Contact Other Suspects About the Case

Communications between you and other participants can become evidence in your case so be sure to speak with your attorney prior to discussing the investigation with other alleged participants.

Preserve Relevant Information

The important information about your case should be preserved. This means keep all documents, receipts, messages, and photos.

Contact a Criminal Defense Attorney

An experienced criminal defense attorney can explain the nature of the allegations against you and help you with your legal options.

A criminal case can involve several stages.

What Happens After an Organized Retail Theft Arrest?Depending on the circumstances, you may encounter:

  • Arrest or investigation
  • Charging decision
  • Arraignment
  • Pretrial hearings
  • Discovery and evidence review
  • Motions
  • Plea negotiations
  • Trial
  • Sentencing if there is a conviction

Your attorney can inform you of the current status of your case and the relevant deadlines.

Why Hire an Organized Retail Theft Attorney in Vancouver, WA?

There are many incidents involved, much evidence, many co-defendants, and issues of intent and constructive possession.

A seasoned Organized Retail Theft lawyer in Vancouver, WA can scrutinize the evidence presented by the prosecution and reveal the case’s downfalls.

Mcaleer Law represents clients in all criminal matters in the Vancouver area, including Clark County and the rest of Southwest Washington.

Our attorneys can help with:

  • Organized retail theft defense
  • Theft charges
  • Shoplifting charges
  • Felony defense
  • Misdemeanor defense
  • White-collar crime defense
  • Criminal investigations
  • Search and seizure issues
  • Criminal trials
  • Pre-charge defense

Contact Mcaleer Law for Organized Retail Theft Defense

These crimes can have long-lasting repercussions affecting a person’s employment, residence, finances, and professional licenses and opportunities. They can also create negative publicity harming a person’s good name and reputation.

Don’t assume that because you have been charged with organized retail theft in Vancouver, WA that you will automatically be found guilty by a judge or jury.

Whether you are facing charges, under investigation or just have questions and concerns regarding possible Retail Theft charges, we are here to help.

Contact Mcaleer Law today to speak with a top rated criminal defense attorney in Vancouver, WA.