Charged With Shoplifting or Theft in Victoria - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 11 April 2026.

Charged With Shoplifting or Theft in Victoria - What Happens Now?

If you've been charged with theft or shoplifting in Victoria, you're facing criminal charges that can result in a permanent conviction, fines up to $36,000, and potential imprisonment. The good news is that for first-time offenders, there are realistic pathways to avoid a criminal conviction entirely through diversion programs, police cautions, or by successfully defending the charges. The critical factor is acting quickly and getting proper legal representation before your first court appearance at the Magistrates' Court of Victoria.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for theft charges in Victoria. Even if the amount stolen seems small, a conviction becomes a permanent part of your criminal record that appears on police checks for employment, travel, and professional licensing. Without legal representation, you're likely to plead guilty and receive a conviction that could have been avoided.

A skilled criminal lawyer can negotiate with police for a caution instead of charges, apply for diversion programs that result in no conviction, or identify defences you didn't know existed. The difference between having a lawyer and representing yourself often determines whether you walk away with a clean record or carry a theft conviction for life.

The stakes are too high to handle alone. Call 1300 636 846 now for an urgent consultation - every day you wait reduces your options.

What Happens Next - The Process

1. Police Interview: If you haven't been interviewed yet, police may contact you. Exercise your right to silence and request a lawyer before answering any questions.
2. Court Attendance Notice: You'll receive a notice requiring you to appear at your local Magistrates' Court within 2-4 weeks of being charged.
3. First Court Appearance: You must attend court on the specified date. If you don't appear, a warrant will be issued for your arrest.
4. Mention Hearing: This first hearing is administrative. The magistrate will read the charges, and you can apply for legal aid or an adjournment to get legal representation.
5. Plea Entry: You'll enter a plea of guilty or not guilty. Your lawyer may negotiate with prosecution for charge withdrawal or diversion at this stage.
6. Diversion Assessment: If eligible, you'll meet with a diversion officer who assesses your suitability for the program.
7. Final Hearing: If proceeding to contest or sentencing, this typically occurs 4-8 weeks after your first appearance at the same Magistrates' Court.

Don't navigate this process alone. Each step has legal implications that affect your final outcome. Contact Go To Court Lawyers immediately at gotocourt.com.au/book to secure representation.

The Law in Victoria

Victoria defines theft under Section 72 of the Crimes Act 1958 (Vic) as dishonestly appropriating property belonging to another with the intention of permanently depriving the owner. Shoplifting falls under this definition - it's not a separate offence but simply theft from a retail store.

The value of stolen goods determines whether your charge is summary or indictable:

• Theft under $100,000: Summary offence heard in Magistrates' Court with maximum penalties of 1 year imprisonment or 120 penalty units ($23,172 as of 2024)
• Theft over $100,000: Indictable offence that can be heard in higher courts with maximum penalties of 10 years imprisonment

Most shoplifting cases involve amounts well under $100,000 and are handled summarily. However, even stealing items worth $20 can result in the same maximum penalties as stealing $90,000 worth of goods.

Victoria also has specific provisions under Section 73A for handling stolen goods, which carries identical penalties to theft. If you're found in possession of items you knew or suspected were stolen, you face the same consequences as if you stole them yourself.

The prosecution must prove three elements beyond reasonable doubt: you took someone else's property, you intended to permanently deprive them of it, and you acted dishonestly. A lawyer can challenge any of these elements to defend your case.

Mistakes to Avoid

1. Talking to Police Without a Lawyer: Many people think cooperation helps their case. In reality, admissions during police interviews are used as evidence against you in court. Police must prove their case regardless of what you say, so speaking without legal advice only strengthens their position.

2. Pleading Guilty at Your First Court Appearance: The duty lawyer may pressure you to plead guilty quickly to "get it over with." This is almost always a mistake. Your own lawyer needs time to review the evidence, explore diversion options, and identify potential defences that duty lawyers won't investigate.

3. Assuming You Must Accept a Conviction for Minor Theft: Many first-time offenders believe they have no choice but to plead guilty and accept a conviction. Victoria's diversion programs, police cautions, and potential defences mean you may avoid a conviction entirely, but only if you pursue these options properly.

4. Not Applying for Diversion Programs: Victoria's Court Integrated Services Program (CISP) and other diversion options can result in charges being withdrawn with no conviction recorded. However, you must apply properly and meet specific criteria - something that requires legal expertise to navigate successfully.

5. Ignoring the Long-term Consequences: People focus on avoiding jail time and ignore how a theft conviction affects employment, travel, professional registration, and volunteer opportunities. A $200 fine might seem preferable to legal fees, but the conviction costs far more over your lifetime.

Each of these mistakes can turn a manageable situation into a life-changing conviction. Don't make these errors - call 1300 636 846 immediately for expert guidance.

Likely Outcomes and Costs

With Proper Legal Representation: For first-time theft offenders, realistic outcomes include police cautions (no court appearance required), successful diversion programs resulting in withdrawn charges, or conditional discharge with no conviction recorded. Experienced lawyers achieve these results in 60-80% of first-offence cases where the value is under $500.

Representing Yourself: Self-represented defendants typically plead guilty and receive a conviction with a fine ranging from $300-$2,000 plus court costs. This conviction becomes permanent and appears on police checks indefinitely.

Legal Costs vs Long-term Impact: Professional legal representation costs $2,000-$5,000 for most theft cases, but a conviction can cost you career opportunities worth hundreds of thousands over your lifetime. Many employers, licensing bodies, and volunteer organizations automatically exclude people with theft convictions.

Timeframes: Most theft cases resolve within 2-3 court appearances over 6-10 weeks. Diversion programs typically take 3-4 months to complete but result in no conviction. Cases that proceed to contest hearings may take 3-6 months but offer the possibility of complete acquittal.

Realistic Expectations: Your lawyer cannot guarantee outcomes, but they can significantly improve your chances of avoiding a conviction. The earlier you engage legal help, the more options remain available. Waiting until your court date severely limits what can be achieved.

Don't let cost concerns trap you with a permanent conviction. Call 1300 636 846 now to discuss fixed-fee arrangements and payment plans.

How Go To Court Lawyers Can Help

Go To Court Lawyers is Australia's largest criminal law firm with over 800 lawyers across every state and territory. We've been defending theft and shoplifting charges since 2010, with a 4.5-star rating from 780+ client reviews. Our Victoria-based criminal lawyers appear daily in Melbourne, Geelong, Ballarat, Bendigo, and regional Magistrates' Courts.

What We Do Differently: We negotiate with police before charges are laid, apply for diversion programs immediately, and identify defences other lawyers miss. Our lawyers know which magistrates favour diversion, which prosecutors negotiate fairly, and how to present your case for the best possible outcome.

Fixed $295 Consultation: Your first consultation is capped at $295 with no hidden costs. We'll review your charges, explain your options, and provide a fixed quote for representation. Many clients leave this consultation with a clear plan to avoid conviction entirely.

24/7 Urgent Hotline: Call 1300 636 846 any time for urgent legal help. If you've just been charged or have court tomorrow, we provide immediate guidance and can often arrange same-day representation.

Proven Track Record: Our criminal lawyers have successfully defended thousands of theft cases across Victoria. We know what works in each court and have established relationships with prosecutors that benefit our clients during negotiations.

Don't let a theft charge destroy your future. Book online at gotocourt.com.au/book or call 1300 636 846 now. Every day you wait reduces your options for avoiding a conviction. Take action today - your future depends on the decisions you make right now.