With the final Christmas decorations hung, and presents wrapped, Christmas Eve Eve offered time for an early evening repast with some bourbon and a cigar. I knew it would be getting cold quickly on the deck so I chose a smallish stick, the Rocky Patel Disciple in Robusto. I also had a bottle of Blade and Bow bourbon I had picked up a few weeks ago that was as yet unopened. That needed to be remedied.

As predicted, the temperature dropped quickly when the sun set. As I was nearing the end of the cigar, I noticed that the Dark Sky app on my phone was reporting 37° with a "feels like" of 34°. For an hour the two propane heaters had provided sufficient warmth. As I was nearing the final puffs on the cigar, one of the heat sources ran out of fuel, signaling the end of an extremely enjoyable pre-holiday evening.

Ah, the Winter Solstice. My reminder that the days will now start getting longer, even if the average temperature remains miserably low. At least we've turned the corner on short days. This week, after errands and lunch out with Colleen, I relaxed on the deck with a cappuccino and a smoke. 

Ah, the Winter Solstice. My reminder that the days will now start getting longer, even if the average temperature remains miserably low. At least we've turned the corner on short days. This week, after errands and lunch out with Colleen, I relaxed on the deck with a cappuccino and a smoke. 

Vacation Summary

• Days in Puerto Rico - 7

• Days it rained - 7

• Number of “scheduled” events we had planned - 5

• Number of events canceled due to COVID - 3

Impact all the above had on our fun - none at all.

Our flight to Puerto Rico (via Orlando) on the 11th was uneventful. We had to show proof of full vaccination to get out of the airport in San Juan. Our AirBnB was advertised as “10 steps from the beach” and she wasn’t exaggerating at all, as you can see in the below photo. We are standing at the gate to the apartment complex. We were also walking distance from 50+ bars and restaurants. Feel free to hit me up if you are headed to San Juan and want the AirBnB that we stayed at. Our host was wonderful, the apartment was fine, and the location can’t be beat.

We made it to the AirBnB late afternoon, so after a quick trip to a nearby Walgreens for beer, soda, and snacks, we had time for about an hour of beach before getting dinner. Dinner the first night was at La Cueva Del Mar, which is a place we ate at on our last trip. It was good to see some places we recognized from out 2019 places made through the pandemic. We had to show proof of vaccination to get into the restaurant. Dinner was fabulous, as expected. After dinner, we walked about a mile to the grocery store to stock up on provisions, then took an Uber back to the apartment. It was an early night as we had been up since 5 AM our time. Also, I spent about $161 on Uber for the week, so the decision to skip the rental car was a good one.

Sunday the 12th was mostly a kickback at the beach day. It rained every day, so every beach day was a series of trips back to the apartment to wait out a 15-minute downpour, then return to the sand. I got pretty good at reading the weather. When we felt the wind shift from the north we had about 2 minutes, which was just enough time to pack up and get back to the apartment.

There was a boutique hotel with a bar next door, so when I got up, I walked next door to get a coffee. I paid 8 bucks for a Café Americano, which was the only time I spent any money at that place. There was a coffee shop a couple of blocks the other direction, where I paid $3 for my Americano every day the rest of the week. After lounging all day on the beach, we went into Coronado for dinner as we had an activity planned there too. Dinner was at Orozco, an unassuming looking place that had fabulous food and good prices. I had the pernil and arroz con gandujales, which was noticeably better than the pernil I make at home. After dinner, we had salsa dancing lessons planned, where we learned Michelle is completely incapable of letting me lead on the dance floor. Two leads don’t work doing salsa, or any other dance that I know of. So after struggling to look decent doing salsa for an hour, we probably aren’t any better at it than when we started.

On the walk from dinner to the lessons we passed an Irish pub - green building, big shamrock painted on the concrete, the works. Well, I certainly can’t not visit an Irish pub now, can I?

I should have not visited. From the ultra modern decor, to the complete lack of a bartender anywhere to be found, to the 2 guys smoking a hookah at a table, to the general lack of a welcoming feeling in the place, to the X-rated rap music at high volume, it was the least Irish pub I’d ever been in. With no bartenders in sight, I couldn’t even order a beer, so we just left and went home.

Monday the 13th was also a beach day. In the AM, I went to the surf shop down the street in search of beach chairs. They are out of stock, as is every other retail joint in the area. I asked our host if she had any ideas, and she produced two chairs from her storage area that we could have for the week. Monday is everything is closed day in Puerto Rico day, so we went back to La Cuerva del Mar for dinner as Michelle wanted the fish tacos I had on Saturday. All was fine until we asked for our check at around 8:45 and the waiter told us the computers were down, and he’d have to handwrite it up. I told him no rush and ordered another beer. One of his other tables was a party of 14 with separate checks, and the waiter was clearly new at the gig. An hour later, I got my check. The cool thing was nobody in the restaurant was cranky about the delay. In the US, some asshole would have pulled out his gun after 15 min and demanded his check or just walked out. Here everybody relaxed. It’s Puerto Rico, the power goes down, stuff crashes and doesn’t work. You deal with it and move on.

Speaking of power, we didn’t experience any power outages, although the lights did flicker on occasion. The roads seem to be in worse shape than I remember from previous trips, though. Some sidewalks on our street were completely unusable. I’d guess about 20-25% of the commercial buildings in the Ocean Park neighborhood are boarded up. I’m guessing they were damaged beyond repair in Hurricane Maria and need somebody to invest in demolition and a complete rebuild. But there are signs of growth. Every restaurant we were in was reasonably busy, and there were some places in the midst of renovation. 1/4th of every block being boarded up may sound like a “bad” neighborhood, but I never felt unsafe, and never have in my 3 stays in the neighborhood. Most places don’t have the extremely picky zoning laws we do in the US, so you can have million dollar homes literally ½ a block from boarded up retail buildings and loud dive bars. That’s really the charm of the neighborhood, in my opinion. It’s not all bland chain stores segregated from cookie cutter housing.

On Tuesday the 14th we did one of the coolest things I’ve ever done. I booked a two-hour history tour of San Juan led by an architectural historian who renovates historical buildings in town. So the tour was 2 hours of history as explained by the architecture of the buildings in old San Juan, and holy shit did I learn a lot. Seriously, it was one of the most interesting tours I’ve ever taken. After that we hung out in Old San Juan, wandering in and out of shops, and had a Piña colada at Barrichina, where the drink was first created back in the 60s. The drink was just as good as you’re thinking it was. The grouper fritters we ordered as a snack were so good we decided we’d come back for dinner. Around 530 PM we decided to grab a drink at a random bar we were standing in front of, then head back to the Piña colada place for dinner. They gave us a sample mushroom risotto at the bar, and it was so good that we changed plans and stayed for dinner. Dinner was good, but we were in the tourist district, so it was ? more than it would have been a few miles east near our AirBnB.

That morning there was a large protest by the police union, related to low pay and the gouging of their pensions after the country went bankrupt. Both our tour guide and another native Puerto Rican in the group were sympathetic to their issues, but annoyed, as I guess protests are a common occurrence, and they don’t really change anything. Having worked in DC for years, I understand the feeling. Also, Tuesday is the day the cruise ships unleash their hordes on Old San Juan, and the protest being on Tuesday morning was absolutely not a coincidence.

Wednesday was another beach day with a planned sunset sail that looked questionable based on the weather forecast. The sail was canceled but not due to weather. One of the crew tested positive for COVID and since this country takes the virus seriously that means they are shut down until they can confirm the rest of the crew is negative. We dodged 4 different downpours over the course of the day as we did a whole lotta nothing but sit on the beach and read, broken up by running for the apt when the downpours rolled through. We mixed it up for dinner and had a fabulous Italian dinner, followed by some time at a taproom 5 min from the apartment that featured 38 taps, 18 local and the rest imports. It was weird seeing Bell's and Harpoon on the import list. I had an IPA-Brut that was good, and a dark mild ale that was fabulous. They also have fantastic Sangria on tap, made locally and is apparently the first draft sangria in the world

Thursday already? Today's plans were a beach day and a baseball game in the Roberto Clemente Puerto Rico baseball league. Checking the team's Twitter feed in the AM dashed those plans as the team was shut down for three days due to a positive COVID test. So we did the beach for 90 minutes - retreat to the apartment to avoid a downpour for 15 minutes - then back to the beach thing all day. During one of the breaks Michelle engaged in some retail therapy at a high end surf shop near the apt.

One thing we noticed everywhere around San Juan was the high level of service in retail and restaurants. This surf shop was not busy but had at least 5 employees working, everyone of which offered to help us. In a US mall, that shop has 2 people working. Same thing in restaurants. Plenty of waiters and staff. A Starbucks we hit for an afternoon caffeine jolt had 4 people working. Dinner was at a local place and was our only less than fabulous meal of the trip. 6 out of 7 isn't bad. Thursday night we returned to El Tap for beer and sangria. On Wednesday we had been the only people there for a while. It was busier on Thursday and the bartender recognized us and waved us in knowing we were vaccinated.

Last day….

Bacardi called to cancel our tour due to operational issues, which I take to mean a positive COVID test. So we beached in the AM and headed into Old San Juan in the late afternoon. On the beach there was a local with a cute, well trailed pug. I noticed the dog never passed a woman on the beach. The dog would run up to the woman, forcing the guy to come over to retrieve the dog. If the woman didn’t bend over and pet the dog, it got up on his hind legs to beg until he got attention. While this was going on, the guy was positioned perfectly to get a cleavage shot as the woman bent over. Michelle was a victim too. Still haven't decided just how creepy that was. He seemed harmless, retrieved his dog, said hello, and went on his way. We hit the Piña Colada place in Old Town for another drink and stayed for dinner. Then we hit Carly's Bistro for the best mojito on or off the island. While there, the bar back told Michelle she has a very bright aura, so she has that going for her. She still left with me, though. We finished up the evening back at El Tap for craft beers and sangria.

Saturday was go-home today. The flight to Orlando was uneventful. In the Orlando airport, we were quickly jolted back to reality by “Angry Americans” not wearing masks in the airport, and trying to bully their way past the hostess at On the Border. The people of Puerto Rico > people here in the US, and it’s not even close. In three weeks in Puerto Rico, on both the east and west coasts, the people we have interacted with, whether service industry workers, locals next to us at a bar, or random strangers in the street, have been nothing but pleasant and friendly.

I'm already planning our return next December, back to the West Coast with some time in Ponce, maybe.

Photo Album

Vacation Summary

• Days in Puerto Rico - 7

• Days it rained - 7

• Number of “scheduled” events we had planned - 5

• Number of events canceled due to COVID - 3

Impact all the above had on our fun - none at all.

Our flight to Puerto Rico (via Orlando) on the 11th was uneventful. We had to show proof of full vaccination to get out of the airport in San Juan. Our AirBnB was advertised as “10 steps from the beach” and she wasn’t exaggerating at all, as you can see in the below photo. We are standing at the gate to the apartment complex. We were also walking distance from 50+ bars and restaurants. Feel free to hit me up if you are headed to San Juan and want the AirBnB that we stayed at. Our host was wonderful, the apartment was fine, and the location can’t be beat.

We made it to the AirBnB late afternoon, so after a quick trip to a nearby Walgreens for beer, soda, and snacks, we had time for about an hour of beach before getting dinner. Dinner the first night was at La Cueva Del Mar, which is a place we ate at on our last trip. It was good to see some places we recognized from our 2019 trip made it through the pandemic. We had to show proof of vaccination to get into the restaurant. Dinner was fabulous, as expected. After dinner, we walked about a mile to the grocery store to stock up on provisions, then took an Uber back to the apartment. It was an early night as we had been up since 5 AM our time. Also, I spent about $161 on Uber for the week, so the decision to skip the rental car was a good one.

Sunday the 12th was mostly a kickback at the beach day. It rained every day, so every beach day was a series of trips back to the apartment to wait out a 15-minute downpour, then return to the sand. I got pretty good at reading the weather. When we felt the wind shift from the north we had about 2 minutes, which was just enough time to pack up and get back to the apartment.

There was a boutique hotel with a bar next door, so when I got up, I walked next door to get a coffee. I paid 8 bucks for a Café Americano, which was the only time I spent any money at that place. There was a coffee shop a couple of blocks the other direction, where I paid $3 for my Americano every day the rest of the week. After lounging all day on the beach, we went into Coronado for dinner as we had an activity planned there too. Dinner was at Orozco, an unassuming looking place that had fabulous food and good prices. I had the pernil and arroz con gandujales, which was noticeably better than the pernil I make at home. After dinner, we had salsa dancing lessons planned, where we learned Michelle is completely incapable of letting me lead on the dance floor. Two leads don’t work doing salsa, or any other dance that I know of. So after struggling to look decent doing salsa for an hour, we probably aren’t any better at it than when we started.

On the walk from dinner to the lessons we passed an Irish pub - green building, big shamrock painted on the concrete, the works. Well, I certainly can’t not visit an Irish pub now, can I?

I should have not visited. From the ultra modern decor, to the complete lack of a bartender anywhere to be found, to the 2 guys smoking a hookah at a table, to the general lack of a welcoming feeling in the place, to the X-rated rap music at high volume, it was the least Irish pub I’d ever been in. With no bartenders in sight, I couldn’t even order a beer, so we just left and went home.

Monday the 13th was also a beach day. In the AM, I went to the surf shop down the street in search of beach chairs. They are out of stock, as is every other retail joint in the area. I asked our host if she had any ideas, and she produced two chairs from her storage area that we could have for the week. Monday is everything is closed day in Puerto Rico day, so we went back to La Cuerva del Mar for dinner as Michelle wanted the fish tacos I had on Saturday. All was fine until we asked for our check at around 8:45 and the waiter told us the computers were down, and he’d have to handwrite it up. I told him no rush and ordered another beer. One of his other tables was a party of 14 with separate checks, and the waiter was clearly new at the gig. An hour later, I got my check. The cool thing was nobody in the restaurant was cranky about the delay. In the US, some asshole would have pulled out his gun after 15 min and demanded his check or just walked out. Here everybody relaxed. It’s Puerto Rico, the power goes down, stuff crashes and doesn’t work. You deal with it and move on.

Speaking of power, we didn’t experience any power outages, although the lights did flicker on occasion. The roads seem to be in worse shape than I remember from previous trips, though. Some sidewalks on our street were completely unusable. I’d guess about 20-25% of the commercial buildings in the Ocean Park neighborhood are boarded up. I’m guessing they were damaged beyond repair in Hurricane Maria and need somebody to invest in demolition and a complete rebuild. But there are signs of growth. Every restaurant we were in was reasonably busy, and there were some places in the midst of renovation. 1/4th of every block being boarded up may sound like a “bad” neighborhood, but I never felt unsafe, and never have in my 3 stays in the neighborhood. Most places don’t have the extremely picky zoning laws we do in the US, so you can have million dollar homes literally ½ a block from boarded up retail buildings and loud dive bars. That’s really the charm of the neighborhood, in my opinion. It’s not all bland chain stores segregated from cookie cutter housing.

On Tuesday the 14th we did one of the coolest things I’ve ever done. I booked a two-hour history tour of San Juan led by an architectural historian who renovates historical buildings in town. So the tour was 2 hours of history as explained by the architecture of the buildings in old San Juan, and holy shit did I learn a lot. Seriously, it was one of the most interesting tours I’ve ever taken. After that we hung out in Old San Juan, wandering in and out of shops, and had a Piña colada at Barrichina, where the drink was first created back in the 60s. The drink was just as good as you’re thinking it was. The grouper fritters we ordered as a snack were so good we decided we’d come back for dinner. Around 530 PM we decided to grab a drink at a random bar we were standing in front of, then head back to the Piña colada place for dinner. They gave us a sample mushroom risotto at the bar, and it was so good that we changed plans and stayed for dinner. Dinner was good, but we were in the tourist district, so it was ? more than it would have been a few miles east near our AirBnB.

That morning there was a large protest by the police union, related to low pay and the gouging of their pensions after the country went bankrupt. Both our tour guide and another native Puerto Rican in the group were sympathetic to their issues, but annoyed, as I guess protests are a common occurrence, and they don’t really change anything. Having worked in DC for years, I understand the feeling. Also, Tuesday is the day the cruise ships unleash their hordes on Old San Juan, and the protest being on Tuesday morning was absolutely not a coincidence.

Wednesday was another beach day with a planned sunset sail that looked questionable based on the weather forecast. The sail was canceled but not due to weather. One of the crew tested positive for COVID and since this country takes the virus seriously that means they are shut down until they can confirm the rest of the crew is negative. We dodged 4 different downpours over the course of the day as we did a whole lotta nothing but sit on the beach and read, broken up by running for the apt when the downpours rolled through. We mixed it up for dinner and had a fabulous Italian dinner, followed by some time at a taproom 5 min from the apartment that featured 38 taps, 18 local and the rest imports. It was weird seeing Bell's and Harpoon on the import list. I had an IPA-Brut that was good, and a dark mild ale that was fabulous. They also have fantastic Sangria on tap, made locally and is apparently the first draft sangria in the world

Thursday already? Today's plans were a beach day and a baseball game in the Roberto Clemente Puerto Rico baseball league. Checking the team's Twitter feed in the AM dashed those plans as the team was shut down for three days due to a positive COVID test. So we did the beach for 90 minutes - retreat to the apartment to avoid a downpour for 15 minutes - then back to the beach thing all day. During one of the breaks Michelle engaged in some retail therapy at a high end surf shop near the apt.

One thing we noticed everywhere around San Juan was the high level of service in retail and restaurants. This surf shop was not busy but had at least 5 employees working, everyone of which offered to help us. In a US mall, that shop has 2 people working. Same thing in restaurants. Plenty of waiters and staff. A Starbucks we hit for an afternoon caffeine jolt had 4 people working. Dinner was at a local place and was our only less than fabulous meal of the trip. 6 out of 7 isn't bad. Thursday night we returned to El Tap for beer and sangria. On Wednesday we had been the only people there for a while. It was busier on Thursday and the bartender recognized us and waved us in knowing we were vaccinated.

Last day….

Bacardi called to cancel our tour due to operational issues, which I take to mean a positive COVID test. So we beached in the AM and headed into Old San Juan in the late afternoon. On the beach there was a local with a cute, well trailed pug. I noticed the dog never passed a woman on the beach. The dog would run up to the woman, forcing the guy to come over to retrieve the dog. If the woman didn’t bend over and pet the dog, it got up on his hind legs to beg until he got attention. While this was going on, the guy was positioned perfectly to get a cleavage shot as the woman bent over. Michelle was a victim too. Still haven't decided just how creepy that was. He seemed harmless, retrieved his dog, said hello, and went on his way. We hit the Piña Colada place in Old Town for another drink and stayed for dinner. Then we hit Carly's Bistro for the best mojito on or off the island. While there, the bar back told Michelle she has a very bright aura, so she has that going for her. She still left with me, though. We finished up the evening back at El Tap for craft beers and sangria.

Saturday was go-home today. The flight to Orlando was uneventful. In the Orlando airport, we were quickly jolted back to reality by “Angry Americans” not wearing masks in the airport, and trying to bully their way past the hostess at On the Border. The people of Puerto Rico > people here in the US, and it’s not even close. In three weeks in Puerto Rico, on both the east and west coasts, the people we have interacted with, whether service industry workers, locals next to us at a bar, or random strangers in the street, have been nothing but pleasant and friendly.

I'm already planning our return next December, back to the West Coast with some time in Ponce, maybe.

Photo Album

For reasons, my wife recently had to switch from Android to Apple phones. This was the first Apple product I had ever bought, not counting a Macbook as a gift for our daughter. I never bought an IPod back in the day, and had never bought an iPhone until several weeks ago.

Immediately upon configuration, we noticed a problem, She was not receiving text messages from me. That was easy enough for me to fix by going into options on the text thread with her and forcing my phone to only send her SMS/MMS messages.

She was having the same issue with my mother, however her phone (Motorola G Play) does not have a configuration option to force SMS/MMS messages. Or if it does, I was unable to find it by reading the manual online, as my mom’s phone is 800 miles away. The issues persisted for a week or so until I finally worded a search in such a way to get the answer I needed.

I might also note I finally solved this issue while sitting on the beach in Puerto Rico. This is more evidence that I should move to the beach.

The difficulty is related to moving a phone number from Android to Apple. Her phone number was “registered” with Google Chat as an Android phone, so anybody she had ever done a Google Chat or Hangout with defaulted to sending her messages using Google’s proprietary answer to Apple’s iMessage. I overrode that behavior by forcing my phone to only send SMS/MMS to her. However, the way to solve the problem for all was for her to deregister her phone number with Google Chat. Once that was done, texts from my mom starting coming through normally.

Deregistering a phone number is easy. Simply use this form.

Of course, the real issue here is both Google and Apple using proprietary formats. That challenge is beyond my abilities to solve.

For reasons, my wife recently had to switch from Android to Apple phones. This was the first Apple product I had ever bought, not counting a Macbook as a gift for our daughter. I never bought an IPod back in the day, and had never bought an iPhone until several weeks ago.

Immediately upon configuration, we noticed a problem, She was not receiving text messages from me. That was easy enough for me to fix by going into options on the text thread with her and forcing my phone to only send her SMS/MMS messages.

She was having the same issue with my mother, however her phone (Motorola G Play) does not have a configuration option to force SMS/MMS messages. Or if it does, I was unable to find it by reading the manual online, as my mom’s phone is 800 miles away. The issues persisted for a week or so until I finally worded a search in such a way to get the answer I needed.

I might also note I finally solved this issue while sitting on the beach in Puerto Rico. This is more evidence that I should move to the beach.

The difficulty is related to moving a phone number from Android to Apple. Her phone number was “registered” with Google Chat as an Android phone, so anybody she had ever done a Google Chat or Hangout with defaulted to sending her messages using Google’s proprietary answer to Apple’s iMessage. I overrode that behavior by forcing my phone to only send SMS/MMS to her. However, the way to solve the problem for all was for her to deregister her phone number with Google Chat. Once that was done, texts from my mom starting coming through normally.

Deregistering a phone number is easy. Simply use this form.

Of course, the real issue here is both Google and Apple using proprietary formats. That challenge is beyond my abilities to solve.

If you’re facing criminal charges in Virginia for shoplifting, jail time can result.

Any criminal charge can inflict unexpected negative consequences on many areas of your life.

If you’re new to the criminal justice system, being charged can feel overwhelming and confusing.

You might want to just plead guilty and get it over with.

However, consulting with an attorney can help you gain a more thorough understanding of the situation.

Hiring a qualified criminal defense lawyer can give you the best opportunity of having your shoplifting charges dismissed or reduced.

Attorney Andrew Flusche can assist you in determining what steps to take moving forward to ensure you avoid jail time for shoplifting.

Reach out to our office today, so I can get started on your case.

What Is Shoplifting in Virginia?

The criminal offense of shoplifting falls into the property crimes category of violations. According to the Virginia Code Section 18.2-103, an individual violates the shoplifting law by committing any of the following acts:

• Willfully concealing or taking possession of the goods or merchandise of any store or mercantile establishment;
• Alters the price tag or other price marking on goods or merchandise;
• Transfers the goods from one container to another; or
• Counsels, assists, aids, or abets another in the performance of any of the above acts.

The offender must commit the act without the merchant’s consent and with the intent of permanently depriving the merchant of the goods or their full value. If the value of the goods or merchandise is less than $1,000, you could face charges for petit larceny.

If the value of the goods or merchandise is more than $1,000, you could face charges for grand larceny.

Virginia Code Section 18.2-102.1 criminalizes the theft of shopping carts from merchant stores as well. Violation of this section constitutes a Class 3 misdemeanor and results in a fine.

How Much Jail Time for Shoplifting?

Many clients facing shoplifting charges ask, Will I go to jail for first-time shoplifting? Every criminal case is unique, so it’s impossible to predict what penalties you’ll receive. Virginia considers petit larceny a Class 1 misdemeanor.

Class 1 misdemeanors carry the potential of up to a year in jail and a fine not to exceed $2,500. Grand larceny carries the following potential penalties:

• Not less than one nor more than 20 years in a state correctional facility;
• At the discretion of the fact finder, jail for up to 12 months; 
• At the discretion of the fact finder, a fine not to exceed $2,500; or
• A combination of the two previously mentioned penalties.

Thus, facing jail time for shoplifting occurs fairly frequently. The court can impose stiffer penalties and longer sentences for offenders convicted of shoplifting multiple times. 

In addition to criminal penalties, a store owner can sue a shoplifter in civil court for the retail value of the goods or merchandise stolen.

Virginia uses other criminal offenses to deter attempts at shoplifting. Virginia Code Section 18.2-105.2 prohibits the manufacture, sale, distribution, or possession of devices that are designed and intended to assist shoplifters with avoiding detection.

Violation of this section constitutes a Class 1 misdemeanor, even if you don’t get away with any merchandise.

Beyond these consequences, a criminal conviction can negatively impact your life in other ways. For example, you could experience difficulty finding gainful employment or getting approval for a loan with a shoplifting conviction on your record.

Alternatively, you could have trouble finding suitable rental housing or obtaining security clearance with a criminal record.

Defenses to Shoplifting

To establish guilt, the prosecutor must prove every element of the offense beyond a reasonable doubt. If you can disprove any of the elements, you could negotiate with the prosecutor to have your charges lowered or dismissed altogether.

Potential defenses that can help you avoid jail time for shoplifting include:

• The concealment or possession of the goods/merchandise wasn’t willful;
• You were wrongfully identified by the merchant or store employee;
• The merchant gave you consent to remove the items from the store; or
• The value of the items you’re accused of taking was miscalculated.

An experienced Virginia criminal defense attorney can help you determine whether one of these defenses applies in your case.

Facing Jail Time for Shoplifting in Virginia? Contact a Qualified Criminal Defense Lawyer 

I have represented many clients facing shoplifting charges in Virginia and understand what it takes to obtain a favorable result for my clients. Additionally, I possess extensive professional relationships with local law enforcement and prosecutors.

This is an invaluable asset when negotiating for the best possible plea bargain. I tackle all of my cases with a result-oriented approach looking to have your case dismissed or your charges reduced.

I handle all of my cases personally and represent my clients aggressively. Contact my office today to discuss your case. Your initial consultation is always free.

The post How Much Jail Time Will I Get for Shoplifting in Virginia? appeared first on Andrew Flusche.

Shoplifting laws in Virginia describe the conduct necessary to be charged with shoplifting.

Shoplifting can take many forms, from blatantly removing an item from a store without paying for it to switching the price tags on two items in an attempt to pay the lower price.

If you think shoplifting charges aren’t serious, think again.

Depending on the value of the items taken, violating Virginia shoplifting laws could result in a felony charge.

If you received shoplifting charges in Virginia, you should contact an experienced criminal defense attorney right away. 

Shoplifting Laws in Virginia: An Overview

Shoplifting is a form of theft. Virginia law defines shoplifting as having the intent of converting the merchandise to your own use without having paid the full purchase price by: 

• Willfully concealing or taking possession of goods;
• Altering the price tag or another price marking; 
• Transferring goods from one container to another; or
• Assisting another with the acts described above.

The severity of shoplifting charges in Virginia depends on the value of the goods or merchandise allegedly taken. For items valued below $1,000, you’ll face the charge of petit larceny. For items valued above $1,000, you’ll face the charge of grand larceny. 

If a store owner or employee has probable cause to believe you were shoplifting, they can detain you for up to an hour until law enforcement arrives at the scene.

What Is the Penalty for Shoplifting in Virginia?

The potential penalties available for shoplifting depend on whether you received a charge for petit larceny or grand larceny. 

Grand larceny carries the potential penalty of one to 20 years in a state correctional facility. However, Virginia is one of the few states where the jury has a say in sentencing after trial.

If they find mitigating circumstances, the jury may recommend that the court reduce this to confinement in county jail for a maximum of 12 months and/or a fine of $2,500. The judge has the discretion to accept or reject the jury’s recommendation.

Virginia treats petit larceny as a Class 1 misdemeanor. A Class 1 misdemeanor in Virginia carries the potential of up to a year in jail and a fine of up to $2,500. 

A criminal conviction can affect more areas of your life than you might realize. While most people expect the criminal penalties associated with a conviction, other consequences exist as well, such as:

• Difficulty finding a job;
• Trouble receiving approval for a loan;
• Inability to rent an apartment; and
• Difficulty obtaining security clearance for government employment.

Along with these consequences, the victim of your shoplifting can sue you in civil court to recover the monetary damages they suffered as a result of your theft.

In a majority of cases, the state prosecutor lets the defendant enter a guilty plea in exchange for avoiding the maximum potential penalties.

A criminal defense lawyer can negotiate with the prosecutor on your behalf and help you determine if accepting a plea bargain is the right course of action for you. 

Charges Associated with Shoplifting Laws in Virginia

If you buy or receive stolen goods knowing that the goods are stolen, Virginia authorizes the prosecutor to charge you with larceny just as if you had stolen the goods yourself. This also applies when you help conceal stolen goods. Like shoplifting, the value of the stolen items dictates whether petit larceny or grand larceny charges are appropriate.

If you genuinely did not know the items were stolen, you can present your lack of knowledge as a defense to the charges.

Additionally, Virginia law criminalizes taking a shopping cart away from a store’s premises without consent. Doing so amounts to a Class 3 misdemeanor. Those convicted of a Class 3 misdemeanor in Virginia could face a fine of up to $500.

Are There Legal Defenses to Shoplifting Laws in Virginia?

If a valid legal defense applies to your case, a qualified criminal defense attorney could negotiate with the prosecutor to have your shoplifting charges reduced or dismissed entirely. Valid legal defenses to Virginia’s shoplifting laws include:

• You removed items from a store by mistake, rather than intentionally;
• The value of the item you’re accused of stealing is incorrect; or
• The merchant gave you consent to take the items.

Wondering if a legal defense applies to your charges? Contact Attorney Andrew Flusche to discuss the options available in your case. 

Facing Shoplifting Charges in Virginia? Contact a Qualified Criminal Defense Lawyer Today

When your freedom is at stake, consulting with an attorney who has extensive professional relationships with local law enforcement and prosecutors is an invaluable asset.

I have represented thousands of clients throughout Virginia with a wide array of criminal issues, including shoplifting charges.

I know that you need an ally and advocate to help you understand the charges you’re facing.  I tackle all of my cases with a result-oriented approach looking to have your case dismissed or your charges reduced.

Contact my office today to set up your initial consultation today. 

The post Understanding the Virginia Shoplifting Laws and Penalties appeared first on Andrew Flusche.

The weather last Saturday a bit out of the ordinary, especially for a mid-December day. But, this is Virginia, so no weather pattern can really be classified as unexpected. The day was cloudy and windy, though the temperature rose to 70° by mid-afternoon. After hanging Christmas lights in the morning, I headed to the porch with a cigar and a beer. 

My beverage selection was the 2021 Anchor "Our Special Ale." The Winter Warmer style ale pours a deep brown shade with a stiff and long lasting beige head. I was surprised by the thick head during the first pour and nearly overflowed the glass. The aroma has notes of dark bread, nutmeg, and ginger, all with a faint rum-like undertone. 

Sipping brings forth a pleasing combination of roasted notes, molasses, mild holiday spice, and citrus. The profile is balanced with no one flavor dominating. A lingering sweet malt and coffee comes out in the finish. Overall, a very tasty winter libation and one I'll enjoy frequently while it's available.