Category Archives: Theft/Shoplifting

Do the Police Have to Read Someone Their “Miranda Rights” Before an Arrest?

Here is a general set of facts similar to a type of arrest is seen all too frequently in Maryland: The police pull someone over for some kind of traffic stop–speeding, rolling a stop sign, having expired registration tags, etc. The officer comes into contact with the driver, states that he smells marijuana, and orders […]

Shoplifting in Maryland – Past All Points of Purchase

“Past All Points of Purchase” – A Defense to a Theft/Shoplifting Charge in Maryland One potential defense to shoplifting in Maryland is that the accused has not gone “past all points of purchase” in the store when stopped by the store’s loss prevention officer. A point of purchase is cashier, cash register, checkout, or some […]

Difference Between “Motor Vehicle Theft” and “Unauthorized Removal of Property”

In Maryland a stolen car is typically prosecuted under one of two different criminal law sections. One is Motor Vehicle Theft, defined under Criminal Law Article Section 7-105. This statute prohibits a person from “knowingly and willfully taking a motor vehicle out of the owner’s lawful custody, control or use without the owner’s consent.” This […]

What is Unauthorized Removal of Property in Maryland?

By definition, a person in Maryland may not take or carry away a vehicle, motor vehicle, vessel or livestock of any person without the owner’s permission. As a practical matter, a person charged with unauthorized removal of property is usually alleged to have stolen a car (or a boat, or cattle!) or taken someone else’s […]

Maryland Theft and Shoplifting Laws

Theft Defined in Maryland In Maryland, theft is the willful use, concealment, or abandonment of property of another, without the owner’s consent. Maryland does not differentiate between someone who took the property and someone who received the property, so even the receiver of stolen goods can be charged with theft, provided they knew or should […]