QUESTION
What am I likely to get for shoplifting first offense?
Asked on Jun 04th, 2013 on Criminal Law - California
More details to this question:
My ex and I were caught shoplifting in a store in a mall. I am 19 years old and he is 21. This would be my first offense. I have nothing on my records at all. It was $58 item and his was $100 and some. I was very cooperative, didn't give any trouble to the police officer. I already had one court date, and they assigned another one. I can not get an attorney. I tried for the court to give me one but I can't get one either, so I have to appoint myself. I am wondering if I could get jail time for this? And what else is more than likely I will get? Thank you.
14 ANSWERS
Michael J. Breczinski
GO GET A LAWYER. See if they will work out a deal where if you do everything that they want you to do that you end up with no record. This is important since the worst effect of a shoplifting conviction is the criminal record. A criminal record is FOREVER. What employer wants to hire a thief.
Answered on Jun 06th, 2013 at 10:18 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Ask the prosecutor if you can do a diversion program; This is like probation except when you complete the term of the program, the charges are dismissed.
Answered on Jun 05th, 2013 at 11:49 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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In some places, you get a hand chopped off for thievery. I am so totally for that. Not only is it a really good deterrent but you'd have a good idea of who's a dirty thief because they'd be missing a hand! Here in the good lo' USA you'll probably get some sort of probationary sentence with maybe a fine and / or some community service. You definitely deserve a good hand chopping or at least some time in the pokey and under certain circumstances, it is possible to get jail time but in your situation it is probably highly unlikely. You do need an attorney though. If you are ineligible for a court appointed attorney one of two things is the case: 1) you have enough assets to be able to afford to hire one or 2) it is not possible to receive jail time for what you are charged with. This is not a high dollar crime. A good criminal attorney should be able to represent you for a flat rate fee of somewhere between $200 and $500. Based on your description, if you pay anything more than that, your just paying for an attorney's inflated view of their self worth and / or their BMW.
Answered on Jun 05th, 2013 at 2:07 PM
Maximum penalty for misdemeanor shoplifting in Missouri is 1 year in jail and $1,000 fine. If you hire an attorney to represent you, the attorney can get the charge dropped to "Littering." You will have to pay a fine and court costs, but you probably won't have to appear in court. If you can't find a free legal clinic (at SLU or Wash U. law school if you live in St. Louis) to help you and you can't afford a private attorney, then you will just have to go to court on your own and ask the judge for probation and community service and hope that the judge has mercy on you. Remember, it's not the judge's job or the prosecutor's job to give you a good plea bargain deal on this charge. The prosecutor's main goal is to convict you. I highly recommend hiring an attorney if at all possible. You could probably find someone for $300 to $500 total fee, depending on which court this is being prosecuted in.
Answered on Jun 05th, 2013 at 10:47 AM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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The possible severity may depend on whether you are being charged for the value of both items or of only one.
Answered on Jun 05th, 2013 at 10:47 AM
Geoffrey MacLaren Yaryan
Usually, a fine and court probation. Sometimes, DA's will agree to reduce it to a infraction which would only be a fine. There is also a diversion program in some counties which allow you to attend classes after finishing them the case is dismissed.
Answered on Jun 05th, 2013 at 10:46 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Because petty theft is a misdemeanor, the court MUST appoint a lawyer to represent you. Did you see a judge when you went to your court date? Have you entered a plea yet? It sounds like what happened is that you went to your court date, but no charges had been filed yet, so they gave you another date. This happens a lot in some counties. If they do file charges against you, then you'll see a judge at the court date, and he will appoint a lawyer to represent you. Do not plead guilty or discuss the case with anyone until you have a lawyer appointed.
Answered on Jun 05th, 2013 at 10:46 AM
James Edward Smith
Ask the Court for diversion.
Answered on Jun 05th, 2013 at 10:45 AM
Thomas Edward Gates
For a first offense you will not get any jail time. You likely will be sentenced to attend a consumer awareness class, do community service, pay a fine, stay away from the store, pay restitution and be on probation for one year. You will also have to pay a civil fine.
Answered on Jun 05th, 2013 at 10:44 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Maximum sentence for shoplift is 1 year in jail and a $5,000.00 fine.
Answered on Jun 05th, 2013 at 10:44 AM
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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You should hire a lawyer. If this is your first offense you want to make sure that you can keep your record clean. Most attorneys will not charge a lot for a case like this.
Answered on Jun 05th, 2013 at 10:43 AM
First time shoplifting is petty theft. Petty theft is a misdemeanor. A misdemeanor is punished by a maximum one year in the county jail and/or a $1,000.00 fine. In your case, you should get summary probation, a stay away order for the store, theft classes, community service, and a fine. You should ask for diversion. If you complete a diversion program, the conviction will not go on your record.
Answered on Jun 05th, 2013 at 10:43 AM
Jail should be the least of your concerns. Petty theft is a crime of moral turpitude, and if convicted you can kiss your college/career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Jun 05th, 2013 at 10:41 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 Jun 04th, 2013 at 10:35 PM