The procedures and consequences are two different things. The procedures differ whether you were arrested, noticed to appear in court, or told the state attorney would let you know. Under a situation where you were arrested the state attorney must file a formal charge before you are going to get a court date. If you received a notice to appear then you already have a court date you must go to. If you get a lawyer, you do not need to go to the first court date, otherwise you must or a warrant will be issued for your arrest. At the first court date you can plead guilty or ask for time to hire an attorney or ask the court to appoint an attorney. The maximum penalty depends on whether you have any prior thefts in your background. A first petit theft under $100.00 is generally a second degree misdemeanor with a maximum penalty of 60 days jail and court fines, generally up to $500.00. If you did not mean to take an item you may have a defense. Theft requires an intent to steal. You should really consult with an attorney before you make any decisions.
Answered on Sep 23rd, 2012 at 4:45 PM