Three Men Charged with Organized Retail Theft in Delaware

Delaware police have arrested three men from Queens, NY and charged them with Organized Retail Theft. Police say that the men allegedly shoplifted from multiple Rehoboth Beach stores on March 16, 2024. The men were stopped by a state trooper after they were seen tailgating behind another vehicle on Coastal Highway. According to police, the 44-year-old suspect drove the vehicle with two passengers, aged 48 and 28. The trooper said that the driver could not produce proof of insurance for the vehicle he was driving. After running a search on the driver, police determined that there was a warrant out for his arrest in New Jersey.

After police took the men into custody, they ran a search on the vehicle. Police allege they found “several tools commonly used for shoplifting,” in addition to more than $20,000 worth of stolen merchandise from Nike, Claire’s, Victoria’s Secret, Brooks Brothers, and others.

Police say that the men could not provide proof that they paid for any of the merchandise. Police also say they found a $100 counterfeit bill on one of the suspects.

All three of the suspects are facing felony counts of Organized Retail Crime, Conspiracy in the Second Degree, and Possession of Shoplifters’ Tools.

Organized Retail Crime under Delaware law 

Delaware law defines Organized Retail Crime in 11 DE Code § 841B. Under Delaware law, an individual is guilty of Organized Retail Crime when “the person takes, exercises control over, or obtains retail merchandise of another person intending to deprive that person of it, or receives stolen property in violation of § 851 of this title, in quantities that would not normally be purchased for personal use or consumption, with the intent to appropriate or to resell or reenter the merchandise into commerce.”

Further, the law allows authorities to aggregate a series of organized retail crime thefts into 1 count or charge, with the sum of the value of all the retail merchandise being the value considered in determining the degree of the theft.

Organized Retail Crime can be classified as either a felony or a misdemeanor. If an individual has been convicted at least twice prior to theft, they can be charged with a Class E felony.

In Delaware, a Class E felony has a maximum sentence of 5 years in state prison. In addition, there is a presumptive bail amount between $1,000 and $6,000.

The men are also facing other charges related to their crimes. This includes Conspiracy and Possession of Shoplifters’ Tools. Conspiracy in the First Degree is also charged as a Class E felony. Possession of Shoplifters’ Tools is charged as a Class F felony which is punishable by a maximum sentence of up to 3 years.

Talk to a Wilmington, DE Criminal Defense Attorney Today 

Wilmington criminal lawyer Michael W. Modica represents the interests of criminal defendants facing criminal charges in the State of Delaware. If you are being charged with a crime such as Organized Retail Theft, call our office today to schedule an appointment, and we can begin defending you from the charges immediately.

Source:

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