Three people, who were allegedly part of an organized theft ring, stole about $8,000 worth of merchandise from two retailers in under two hours.
Surveillance video of two women shows them stuffing the big bags with armloads of clothes, some still on the hangers. Police say big bags and large quantities of stolen goods are hallmarks of a retail crime ring. In this case, the amount stolen was valued at over $3,500. When they were arrested the same day, police determined that the women had also targeted a Dick’s Sporting Goods Store, stealing more than $4,500 worth of merchandise.
Authorities have charged the three women with felony shoplifting. Investigators learned that two of the women are wanted in other police jurisdictions, including Cobb County, for similar crimes. A third woman, who police say was the driver of the car, was a 25-year-old woman with no active warrants.
In court, a Fayette County judge denied two of these defendants bond, citing their criminal pasts as an indicator of organized retail crime.
Organized Criminal Activity
Most law enforcement departments don’t view retail theft as a big deal. It’s not a violent crime, and, in most cases, the “victim” loses nothing, either because insurance covers the loss, or the stolen merchandise is recovered. Organized retail theft rings are a different matter.
Law enforcement has long focused on organized crime. These organizations date back to the “arrr, mateys” pirates of yore and the outlaw gangs in the Old West.
As society changed, criminal organizations changed as well. They became more violent. Modern pirates, many of whom operate out of Africa, don’t look for buried treasure. Instead, they take your treasure, and probably kill you in the process. Groups like ISIS and al Qaeda are the ultimate example of violent gangs.
Modern gangs are also ambitious. They expand from one area to another one. That’s the nature of organizations. If you own a successful restaurant, you’ll probably at least think about opening another one or expanding into another area.
Organized retail theft rights have these same characteristics, at least as far as many people are concerned. Retail theft itself is almost never violent. But the kids who drive getaway cars normally don’t obey traffic laws. Furthermore, these groups naturally expand. Today it’s retail theft, tomorrow it’s burglaries, and the day after that it’s home invasions.
Once a criminal organization gets going, it’s very difficult to dismantle. New York prosecutors put John A. Gotti on trial four times before finally dropping the case against him. So, authorities nip it in the bud when possible, and in Georgia, they have the tools to do just that.
Organized criminal activity prosecutions usually involve the state’s RICO law or the newly enacted gang crime enhancements.
Georgia’s Racketeer Influenced and Corrupt Organizations law allows prosecutors to go after anyone in a criminal organization for any felony that anyone committed. This law has several loopholes, such as the definition of a criminal organization, that a Marietta criminal defense lawyer can exploit. As for gangs, in 2023, Governor Brian Kemp signed a law that adds up to ten years in prison for a gang-related conviction. Once again, a “street gang” has a precise definition.
Everyday Criminal Organizations
Retail theft rings are just one example of the criminal organizations most people encounter every day. Others include swoop-and-squat insurance scammers, ad hoc partnerships, and rigged or fixed games. Beware of them.
The swoop-and-squat traffic scam usually involved two people. One driver pulls out in front of another one then suddenly applies his/her brakes, to induce a rear-end collisions. The other driver usually pulls alongside the victim to prevent him/her from changing lanes.
These gangs are obviously dangerous, and not just for the victim. The injury and fatality rates among the second driver are very high. Frequently, the gang’s leader gets a vulnerable person, like an undocumented immigrant, to do this dangerous job.
Ad hoc (as necessary) gangs often involve a perpetrator and a lookout or getaway driver. Even if the second person isn’t fully aware of the plan, the second person could be equally liable, under Georgia’s conspiracy laws. That’s a frightening thought, considering how many robberies and burglaries go bad.
Frequently, people get sucked into these ad hoc gangs. Bill pays Ted $50 to stand at a streetcorner, but Bill doesn’t tell Ted that he’s the lookout for a robbery down the street.
Most organized carnival games, like a ring toss, are on the up-and-up, at least for the most part. Random roadside “games” are another matter.
Retail Theft Proof Issues
The aforementioned enhancements are prosecutorial tools don’t matter if prosecutors cannot prove the elements of theft beyond a reasonable doubt. So, Marietta criminal defense lawyers often ignore the enhancements and focus their efforts on the basic elements of the offense.
Witness credibility is the cornerstone of a retail theft prosecution, and this stone is relatively easy to remove, at least in many cases.
Most store detectives, store managers, and other civilian witnesses in retail theft cases have never testified in court before. So, they often make inconsistent statements when a Marietta criminal defense lawyer aggressively cross-examines them. Credibility is very fragile in criminal court. One inconsistent statement, even in a minor area, usually shatters it.
That’s assuming a witness appears at all. The retail theft criminal law process is long enough as it is. If a Marietta criminal defense lawyer extends it, the complaining witness often loses interest in the case. That’s especially true since, as mentioned above, the complaining witness often didn’t lose anything.
Prosecutors can subpoena these witnesses and force them to testify against their will. However, they only use this power in extreme cases, like violent cases. Furthermore, that option may be unavailable. The court’s subpoena power usually only extends about 150 miles. So, if the complaining witness has relocated to another state, or even another county, prosecutors must usually drop the case for lack of evidence.
Watch out for some common organized criminal activities. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
