QUESTION
Does he have to pay for the fine or do community service for shoplifting?
Asked on Oct 26th, 2012 on Criminal Law - Florida
More details to this question:
My son is 18 and he was caught shoplifting but the police officer gave him a citation. They sent a letter from the judge saying that it’s called retail shoplifting but now he have to go to court and this his first time having to go.
13 ANSWERS
John J. Carney
You should retain a good lawyer so that he does not get a criminal record. He will probably get an ACD dismissal if it is in New York state and not have a criminal record, but if he gets arrested again they will not dismiss it again. You must explain why it is not a good decision to commit any crime and the serious consequences.
Answered on Nov 02nd, 2012 at 1:55 AM
Michael J. Breczinski
He should get a lawyer and fight the matter. HE SHOULD NOT PLEAD GUILTY. Even if he is and was caught in the act. The reason is if he pleads guilty he loses all bargaining power. A good attorney might be able to get him a deal where he ends up with no record. This is huge. It otherwise stays on his record FOREVER. What employer wants to hire a thief
Answered on Nov 01st, 2012 at 1:13 AM
In Michigan, Retail Fraud is a criminal misdemeanor offense. Your son will have to appear in court and will be given the opportunity to either plead guilty to the offense or go to trial in the matter. I would strongly advise your or your son to consider retaining a criminal defense attorney to help represent him in this matter a retail fraud conviction is a crime of fraud and moral turpitude and can cause a lifetime of havoc on his criminal record if handled incorrectly.
Answered on Oct 30th, 2012 at 9:54 PM
Family Law Attorney serving West Bloomfield, MI
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The specific charge is called Retail Fraud. Depending on the amount taken, it can either be a misdemeanor or a felony. Since you state your son received a citation or ticket, this would imply that he was charged with the misdemeanor. This carries a penalty of up to 1 year in jail. If this is his first offense, probation is possible. You should have an attorney with you to review all facts and look into any possible defenses. An attorney would also be able to work out a sentencing agreement before the case is resolved.
Answered on Oct 29th, 2012 at 4:23 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Often times they will be given a diversion program in these types of cases provided he is eligible. That means if he does some community service or whatever else is required of him through the program, he will not have a conviction. While jail time is technically possible, they are highly unlikely and at most he would be looking at probation. Contact a criminal lawyer in your area if you have questions about how a particular judge or court handles such matters.
Answered on Oct 29th, 2012 at 4:22 PM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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He should get a lawyer and try to get the theft charge dismissed somehow. It is a very ugly thing for future employers to see on someone's record.
Answered on Oct 29th, 2012 at 4:22 PM
Shoplifting is petty theft. This is a misdemeanor and can be punished by up to one year in county jail. For a first offence your son should receive probation, a fine that includes court fees and restitution to the store.
Answered on Oct 29th, 2012 at 4:20 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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He could have to pay a fine, as well as community service, and quite possibly serve jail time. Shop lifting is punishable by up to a year in jail and a $5000.00 fine. My advice: hire an attorney. If its a first offense, your son may not do jail time: However, a conviction on your son's record could have long term implications. Examples: employers dont like hiring people who cant be trusted. Yes, future employers will find out about the conviction. Also, if your son is planning to go to college, a criminal conviction may disqualify him from certain schools. If he is planning on applying for federal student loans and grants, a criminal conviction will disqualify him. An attorney may be able to keep this from being a permanent part of his reord.
Answered on Oct 29th, 2012 at 4:20 PM
Thomas Edward Gates
He will have both a fine and community service. In addition, he will need to take a consumer class, pay restitution, have no further criminal violations and be on probation for at 12 months. There is a civil fine that he will have to pay to the store.
Answered on Oct 29th, 2012 at 4:20 PM
You should hire an attorney to represent your son. If he ends up with a conviction for shoplifting, then it can never be removed from his record, and this conviction can prevent him from getting a job, getting a loan, renting an apartment, etc. If he has no prior convictions for shoplifting, your attorney can probably negotiate a plea bargain with the prosecutor to get the charge reduced to "Littering." In some courts, they will only offer a suspended imposition of sentence (SIS) and probation, plus sometimes they require the defendant to attend a theft offenders class and do community service. My experience is in the St. Louis area, so it may be different in other areas of Missouri.
Answered on Oct 29th, 2012 at 4:19 PM
The community service and fines should be the last thing your son worries about. Theft is a crime of moral turpitude, and having it means he can kiss his school/career aspirations goodbye. Hire a lawyer for him before he destroys his life.
Answered on Oct 29th, 2012 at 4:19 PM
Dennis P. Mikko
Retal fraud third is a misdemeanor. Typicaly there is more than a fine involved upon conviction. If it is his first offense with an otherwise clean record, he will probably get probation plus fines and costs.
Answered on Oct 29th, 2012 at 1:01 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If he is lucky, he will be offered a pretrial diversion program, whereby he does some community service hours, pays a fine and court costs, attends a class, and then the case will be dismissed. Then he may be able to get the records sealed and later expunged. Get him an attorney.
Answered on Oct 29th, 2012 at 12:59 PM