Breckenridge CO Shoplifting Defense Attorneys

Are You in Need of a Breckenridge CO Shoplifting Defense Lawyer?

Being accused of shoplifting is a serious matter. Even minor theft accusations can have major consequences, particularly if not handled properly from the outset. At Whitaker & Penix, LLC, we are here to provide experienced, local legal representation and protect your rights at every step.

If you've been accused of shoplifting, whether it's a misunderstanding, a momentary lapse in judgment, or a false accusation, you need a defense team that understands Colorado theft laws and the nuances of the local Breckenridge court system in Summit County.

Why Choose Us Over Other Shoplifting Defense Attorneys in Breckenridge?

Our attorneys Kylie Whitaker and Ehren Penix bring a lot to the table, including deep knowledge of the law, the courts, and local prosecutors. We combined this knowledge with a client-focused approach. Our attorneys have extensive trial experience and we are always prepared for court.

Here’s why so many people in Breckenridge and throughout Summit County have come to trust our firm:

• A+ rating from the Better Business Bureau – Reflecting our commitment to client satisfaction and professional standards.
• Accredited by the BBB – Demonstrating our ongoing dedication to ethical legal practice.
• Kylie Whitaker recognized as a Colorado Super Lawyers Rising Star – An honor awarded based on peer recognition and independent research.
• Former prosecutors with years of criminal court experience in Breckenridge – Giving us inside knowledge of local procedures and tactics.
• Known for clear communication, reliable follow-through, and personalized attention – So you’re never left guessing about your case.

Call For a Free Consultation

Your future is worth protecting! Contact Whitaker & Penix, LLC at (970) 368-0602 to start building your defense.

Reasons to Contact a Breckenridge Shoplifting Lawyer Right Away

The moments following a shoplifting accusation are critical. What you say and do can shape the course of your entire case. Here’s why reaching out to a Breckenridge criminal defense lawyer immediately matters:

• You may unknowingly incriminate yourself – Even casual conversations with store employees or officers can be used against you.
• A lawyer can begin building your defense immediately – Preserving evidence, identifying witnesses, and documenting events are time-sensitive.
• Early legal guidance can prevent harsh penalties – Prosecutors may be more open to resolving matters favorably before charges are formally filed.
• You need help navigating the legal system – Colorado law is complex, and making the wrong move early on can have long-term consequences.

Don’t wait until your first court date. The sooner we get involved, the more opportunities we have to protect your future.

What Is Shoplifting?

Shoplifting is defined under Colorado law as a form of theft—knowingly obtaining or exercising control over items without paying for them, and with the intent to permanently deprive the store of its property.

Many shoplifting cases hinge on misunderstandings, confusing store policies, distractions, or honest mistakes. Others involve wrongful accusations or unlawful detentions. Our job is to uncover the truth and protect your rights throughout the legal process.

Legal Penalties for Child Shoplifting in Colorado

In Colorado, shoplifting falls under the state’s general theft statute, and the penalties depend largely on the value of the merchandise involved. Even seemingly minor offenses can result in criminal charges that carry lasting consequences. Here's a breakdown of potential penalties based on item value:

• Under $300 – Petty offense: up to 10 days in jail and a fine up to $300
• $300–$999 – Class 2 misdemeanor: up to 364 days in jail and/or a fine up to $1,000
• $1,000–$1,999 – Class 1 misdemeanor: up to 364 days in jail and/or a fine up to $1,000
• $2,000–$4,999 – Class 6 felony: 12–18 months in prison and/or fines up to $100,000
• $5,000–$19,999 – Class 5 felony: 1–3 years in prison and/or fines up to $100,000
• $20,000 or more – Higher felony classifications with more severe sentencing

Life Consequences for a Conviction

Beyond court fines and probation, a shoplifting conviction can carry long-lasting effects:

• Criminal Record – Even a misdemeanor conviction can show up on background checks
• Employment Issues – Employers may see theft as a red flag, even for minor offenses
• Professional Licensing – Careers in healthcare, law, education, and finance can be jeopardized
• Housing Challenges – Landlords may deny applications based on theft convictions
• Immigration Impact – Theft charges can trigger serious immigration consequences for non-citizens

Effective Legal Defense Strategies

Each shoplifting case is different. That’s why our legal strategies are always tailored to the facts and the client’s goals. Whether you are a first-time offender, a juvenile, or someone with prior charges, we assess the situation from every angle and build a defense that fits your specific needs. Our goal is not just to resolve the case and protect your long-term future. Depending on the circumstances, we may procced by:

• Challenging the intent – Many shoplifting cases collapse when the prosecution can’t prove intent to steal. If the act was accidental or misunderstood, we make sure the court hears that clearly.
• Demonstrating a misunderstanding – In busy stores or while distracted, it's possible to mistakenly walk out without paying. Honest errors shouldn’t result in criminal convictions.
• Questioning identification – If the store relies on video footage or eyewitnesses, we examine whether that evidence truly identifies the right person or simply makes assumptions.
• Filing motions to suppress – If your rights were violated during a search, stop, or questioning, we may be able to exclude key evidence, weakening the prosecution’s case.
• Negotiating alternatives – For eligible clients, we pursue diversion programs, deferred judgments, or conditional dismissals that can avoid a permanent criminal record and allow for a second chance.

Protecting Your Rights From Day One

Call a Breckenridge theft defense attorney at Whitaker & Penix, LLC at (970) 368-0602 to learn more today.

What to Do If You Are Accused of Shoplifting

After an accusation has been made, staying composed and informed is key. Here’s what to keep in mind:

1. Do not try to explain or justify at the scene – Anything you say may be used against you later, even if you believe you're clearing up a misunderstanding.
2. Stay calm and polite – Arguing or becoming confrontational can escalate the situation and may result in additional charges or make your case more difficult to defend.
3. Do not sign any written statements without a lawyer – You may be pressured into signing documents admitting guilt or waiving rights—don’t do so without legal advice.
4. Avoid speaking to the police without legal counsel – You have a right to remain silent, and invoking that right can protect you from saying something that could be misinterpreted.
5. Call an attorney as soon as possible – Early representation gives your lawyer more time to gather evidence, negotiate with prosecutors, and protect your rights from the start.

Whether you were stopped by store security or issued a summons, you don’t have to face the situation alone. At Whitaker & Penix, LLC, we provide the local knowledge, steady guidance, and strong advocacy you need from day one.

How an Experienced Colorado Criminal Defense Lawyer Can Help

Having a local criminal defense attorney by your side can dramatically improve your situation. Because we live and work in Summit County, we understand the unique challenges that come with being charged in a resort town like Breckenridge.

Whitaker & Penix, LLC brings legal skill, local knowledge, and personal attention to every shoplifting case. We:

• Review the case from every angle – From the store’s conduct to the arrest procedures
• Challenge the evidence – Including surveillance footage, statements, and police reports
• Negotiate with prosecutors – We often secure reduced charges or dismissal for first-time offenders
• Represent you in court – Whether for arraignment, motions hearings, or trial
• Keep you informed – You’ll never be left wondering what’s happening in your case

Many of our clients are out-of-town visitors who need help resolving charges without having to travel back multiple times. We can often appear on your behalf for certain hearings, and we’ll work to resolve your case in a way that minimizes disruption to your life.

What Clients Are Saying About Us

I could not recommend her services more -Billy Ray Mitchell (5-Star Google Review)

I had the pleasure of being represented by Kylie in a case that ran from February 2022 - September. When I first consulted with Kylie, she walked me through all of my options and potential outcomes. She even made sure that I retroactively worked on action items ahead of them being designated so I always felt ahead of the wave and did everything I could to be proactive. Kylie was extremely thorough, honest, kind, and responsive throughout the entire process. I could not recommend her services more.

All around, a great job - Jeremy Cummins (5-Star Google Review)

I was very satisfied with my experience. Made it very easy to understand. Great about staying in touch. All around, a great job, and I would recommend calling to anyone that I need.

Speak With an Experienced Summit County Shoplifting Defense Lawyer Today

If you have been accused of shoplifting, don’t wait to seek legal help. We’re here to listen to you and fight for the best possible outcome in your case.

Call a Summit County criminal defense attorney at Whitaker & Penix, LLC today at (970) 368-0602 and schedule your free consultation.

Frequently Asked Questions

Is shoplifting a serious crime in Colorado?

Yes. Shoplifting is classified as theft under Colorado law and can range from a petty offense to a felony, depending on the value of the items involved. Even minor shoplifting charges can result in criminal records and long-term consequences.

What are the possible penalties for a shoplifting conviction?

Penalties may include fines, community service, probation, and jail time. For first-time offenders, there may be diversion or deferred judgment options, but repeat offenses or higher-value thefts can lead to harsher consequences.

Can I be charged with shoplifting even if I didn’t leave the store?

Yes. In Colorado, simply concealing merchandise or taking actions that suggest intent to steal can be grounds for a shoplifting charge, even if you never leave the store with the item.

What should I do if I’m accused of shoplifting in Breckenridge while visiting?

Stay calm, avoid making statements to store security or police, and contact a local defense attorney right away. Whitaker & Penix, LLC can often handle much of the legal process for out-of-town clients to minimize the need for return travel.

Can a shoplifting charge be dropped or dismissed?

Yes. If there’s insufficient evidence, procedural errors, or if you’re eligible for a diversion program, we may be able to get charges reduced or dismissed entirely. Every case is different, and early legal help increases your options.

Will a shoplifting conviction stay on my record permanently?

It can. A conviction can show up on background checks for jobs, housing, and licensing. However, certain offenses may be eligible for sealing or expungement after a period of time. We can advise you on your specific situation.

Is it worth hiring a lawyer for a petty theft charge?

Absolutely. Even small theft charges can carry lasting consequences. An experienced local attorney can help you navigate the court process, challenge evidence, and seek favorable outcomes such as dismissal or alternative sentencing.

How does juvenile shoplifting differ from adult charges?

Juvenile cases are handled in a separate system focused on rehabilitation. That said, consequences can still be serious, including probation, restitution, or detention. We work with families to protect a child’s future and resolve the matter effectively.

Can store security legally detain me for suspected shoplifting?

Store security can detain someone briefly if they have reasonable cause to suspect theft, but they must follow strict guidelines. If your rights were violated during the detention, it could be a key part of your defense.

How can Whitaker & Penix, LLC help with my shoplifting case?

We provide strategic, personalized defense based on years of local experience. We review every detail, challenge weak evidence, negotiate with prosecutors, and fight to protect your future—whether you're a local or a tourist. Call us at (970) 368-0602 to learn how we can help.

Meet Our Breckenridge Shoplifting Defense Attorneys

Kylie Whitaker

Kylie Whitaker is a trusted criminal defense attorney with a deep understanding of Colorado’s legal system and a strong commitment to defending individuals charged with criminal offenses in Breckenridge and throughout Summit County. With seven years of experience as a criminal prosecutor and now several years in private defense practice, Kylie brings unmatched insight, preparation, and perspective to every case.

Before co-founding Whitaker & Penix, LLC, Kylie served as an Assistant District Attorney in the very courts where she now defends clients. Her background gives her a unique ability to anticipate prosecutorial strategies and build effective, proactive defenses. Whether the charge involves DUI, theft, assault, or domestic violence, Kylie is known for her thorough case preparation and fierce advocacy in and out of the courtroom.

Ehren Penix

Ehren Penix is a dedicated criminal defense attorney committed to protecting the rights and futures of individuals facing serious legal charges in Summit County and the surrounding areas. With a background as a former prosecutor and years of private defense practice, Ehren brings a balanced, strategic approach to every case he handles.

Ehren began his legal career serving as a criminal prosecutor, where he gained valuable insight into the tactics and priorities of the state. Now, with over seven years of combined experience in both prosecution and private practice, he uses that knowledge to craft strong, thoughtful defenses for those accused of crimes ranging from DUI and drug charges to theft, assault, and domestic violence.