QUESTION
Can I go to jail for a first time shoplifting charge?
Asked on Mar 21st, 2014 on Criminal Law - California
More details to this question:
I was recently caught shoplifting about $60 in clothing by undercover people. This was my first time and I was not arrested but I do have a citation and a court date. Will there be a chance that I will get jail time or will I just have to pay fines and face other consequences?
8 ANSWERS
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Technically jail time is a possibility because misdemeanors are punishable by up to six months in jail. However, since it's your first offense, it is unlikely you will serve any jail time and it's more likely that you would be offered the opportunity to plead guilty and pay a fine, attend an impulse control class, and stay out of trouble, in exchange for you waiving your right to go to trial.
Answered on Mar 24th, 2014 at 4:24 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Depending on the amount allegedly stolen and the jurisdiction where the event occurred, shoplifting can be met with a mere citation (infraction), or charged as a misdemeanor or even a felony, with possible jail sentences of 6 months to 3 years. It will be up to the D.A. to determine how the crime will be charged. I suggest that you hire an experienced criminal defense attorney to represent you and get you the best deal possible.
Answered on Mar 24th, 2014 at 4:23 AM
Michael J. Breczinski
The worst consequence is not jail but the criminal record if you get convicted. What employer wants to hire a thief? You will have problems getting employed for years. What you should do is to plead NOT guilty. (You lose all bargaining power by pleading guilty right away. Get a lawyer. (Retained or appointed) See if something can be worked out so that you end up with no criminal conviction. Go and steal no more. You are an incompetent thief.
Answered on Mar 24th, 2014 at 4:23 AM
James Edward Smith
No time.
Answered on Mar 24th, 2014 at 4:23 AM
If you plead guilty and pay the fine, you will have a shoplifting conviction on your permanent criminal record and it can't be expunged. If you hire a lawyer to represent you, your attorney can get the charge dismissed or reduced to a lesser offense.
Answered on Mar 21st, 2014 at 7:35 PM
Criminal Defense Attorney serving Minneapolis, MN
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Mark Herman, Attorney at Law
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It is highly unlikely that if you entered a guilty plea you would face any jail time. But whether or not you would receive jail time should not be the determining factor as to whether or not you should plead guilty. There are other consequences besides jail that you should consider. For example, if you have a conviction for theft on your record, even if you believe it to be a minor matter, potential employers may not think it's a minor matter. A conviction for theft could keep you from obtaining employment and could hinder you in other life pursuits. I highly recommend that you discuss your case with a lawyer to see if there's anything that can be done to keep your record clean.
Answered on Mar 21st, 2014 at 3:32 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Yes, theoretically you can go to jail. Realistically, it is unlikely. Probably the worst thing that will happen is you will be placed on probation and be ordered to pay fines and court costs and a civil penalty to the store. You may qualify for a diversion program or other sentencing options which would keep the matter of your public record.
Answered on Mar 21st, 2014 at 3:31 PM
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Mar 21st, 2014 at 3:18 PM