What can happen to me if I have not yet been arrested for stealing alcohol?

Question

I am 18 and I have stolen about 200-$300 of alcohol.  The police have me on tape but I havent been arrested yet. What can happen to me?

Robert Keates · Answer

Can you be identified on the tape? Have the police contacted you yet?  If they know or can obtain your identity, then you should be on the lookout for a warrant.  Check with the county or the sheriff's dept in the county you live.  Once a warrant pops up, contact a local attorney.

Michael Palumbo · Answer

The best thing to do would be to retain our office now - we will surrender you and it will show remorse that will go a long way in negotiating a good plea bargain.

Anthony Lowenstein · Answer

It depends on several factors.

Paul J. Wallin · Answer

You can be arrested and charged with theft and have to remain in jail until you post bail. You do not say if they will be able to identify you from the video, but either way you are making a major mistake not to contact a criminal defense law firm to help you now.

Stephen Freeborn · Answer

Right now, the police are probably putting the case together for presentation to the prosecutor for filing.  They may be trying to decide how to file your case. felony or misdemeanor.  Eventually you will receive a notice of the filing and an order to appear I court for your arraignment. Unless you have a prior criminal history and you appear to be a serious risk, it is doubtful that you will be picked up/arrested.

George Woodworth · Answer

First and foremost, don't say anything about this to anyone, especially the police. If questioned by police, you don't have to say anything at all. You have the right to be silent. Even if they show you a videotape, you don't have to answer any questions about it, such as: have you been in that store, is that you in the video etc. Say nothing! Many times the police are counting on your statements to solidify their case, or even to prop up a weak amount of evidence. Grand theft is stealing property of a value over $200 and can be filed as a Felony. Get a knowledgeable, experienced Attorney to help you right away.

Jared Altman · Answer

If they decide to prosecute you then you will be arrested. The police might use a soft, friendly approach but don't be fooled. You should immediately tell them that you want a lawyer and don't make any statements.

Gregory Casale · Answer

You will probably receive a warrant for either a Clerk's Hearing or a summons to go to arraignment. Chances are they will not come to arrest you directly. You should speak with an attorney and DO NOT speak with the police until after you speak with an attorney, who should tell you NOT to SPEAK WITH THE POLICE AT ALL. The police only have one agenda and that is to prove someone guilty. Speaking to them will not get you out of anything, it will only sink you deeper. Speak with an attorney. Have your parents help you. Do not speak to the police.

Jonathan Willett · Answer

You could be charged with misdemeanor theft in the city or county where the theft occurred.  The maximum punishment is 1 year jail.  If its your first offense, you will likely get probation and alcohol classes.  You may also be subject to a minor in possession of alcohol charge.  They have 18 months to charge you.

Jacob P. Sartz · Answer

This answer does not contain specific legal advice. If you need specific legal  advice, you should consult privately with an attorney.   Simply because someone was not immediately arrested does not mean that the  police are not working on a particular case. In some situations, the police may  build up their case over months or potentially years. If the police ultimately  determine to bring charges against someone, they will notify the prosecutor, the  prosecutor will review the file, and then the prosecutor will file the  appropriate documents with the court and request a warrant.   If anyone believes that they may be a suspect in a criminal investigation, I  would strongly advise them to retain an attorney. What they say can and may be  used against them if they are ever charged.

Andrew Subin · Answer

You could be charged with theft.  (And MIP of you're under 21).  You should talk to a lawyer now.  And if the police contact you, remember you have the right ot remain silent: use it!

Roianne Houlton Conner · Answer

You can be criminally charged with theft of property in the 3rd degree.  You would be placed in the County Detention Facility for up to one year.

Thomas Tomko · Answer

In short, you could be charged with retail fraud or larceny.  The value could result in the maximum penalty being 93 days or 1-year or something else.  It all depends on the ultimate charge.  The best thing to do is to remember that you do not have to make any statements.  Any statements can be used against you later.  You should request to have an attorney present during any questioning, whether at your home, on the phone, or at the police station.    In the event that you do not have a trial and are considering a plea, you have options.  You may be eligible for HYTA.  This is a program which would place you on probation and not have the matter appear on your public record.  You also may be eligible for a plea under 771.1 which is a deferred sentence.  This can result in a dismissal after one year.  You should consult with an attorney and hire them to more fully discuss your case.  You may contact this office to arrange an appointment.  I would suggest not waiting to talk to an attorney because you may be making choices now, whether consciously or not, which can dramatically affect the outcome of your case.

Craig Elhart · Answer

Most likely, after the investigation is complete, the police will forward their report to the prosecuting attorney for review and possible charges.  It will be up to the prosecutor to determine what is any charges are filed.  Charges could include retail fraud or larceny in a building as possible charges.  Until the prosecutor determines what to charge if anything, there is little you can do.

Michael Nack · Answer

The police turn their evidence over to the prosecutor who files a criminal   charge against you. They might then apply for a warrant to be issued for  your  arrest. Once you are taken into custody, the judge may set a bond. You  might be  able to short-circuit this process by hiring a criminal defense  attorney even  before a warrant is issued. In some cases we can find out when  the charges are  filed and then set up a "voluntary surrender" so that you  will not have to be  inconvenienced by being picked up on an outstanding  warrant. In many cases we  can have someone prepared ahead of time to post your  bond so that you will only  be in custody for a matter of hours not longer.  Then, your attorney can obtain  discovery and determine whether you have any  defense to the criminal charges. If  not, the attorney may be able to  negotiate a plea bargain for you that might  avoid jail time or even possibly  avoid a conviction going on your record.

Jeff Yeh · Answer

You will probably get something in the mail with a court date. You already made the unfortuante mistake of talking to them without an attorney present.

Timothy Klisz · Answer

You will be arrested, arraigned and let out on bond. You will need to hire an attorney to keep this off your permanent criminal record.

Eric Sterkenburg · Answer

This could be charged as petty theft, shoplifting, and commercial trespass. If you are adjudicated guilty you are looking at 0-1 year in jail, summary probation and 0- $1000.00 fine. You should get an attorney.

Leonard Harden · Answer

You could be charged within 1 year of offense as it would likely be charged as a misdemeanor.  If it is a misdemeanor the maximum is a year in jail and a $2,000 fine.  You should not talk to police or make any statements.  If charged you should get an attorney.

Terry Nelson · Answer

CAN??  You could be charged with various crimes, from petty theft to felony burglary.    You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing.  The prosecutor can amend at any time he feels he can prove additional or different charges.  The charges determine how much time would be imposed if convicted.    What can you do?  Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.  No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense.  A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case.  That includes on this or any other web site or public forum.  It also includes any communication or dealings with the store agents.  Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.  If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me via my profile page.   If you haven't yet been arrested, your attorney may be able to negotiate a civil compromise agreement with the store that will avoid you being prosecuted.

Michael J. Breczinski · Answer

Eventually they will get a warrant and charge you with a crime of retail fraud.  You need an attorney.

Jared Austin · Answer

First of all, be extremely careful as to what you are admitting on internet forums. Also, how do you know the police have you on tape? Do they know it's you? Consult with a local, experienced criminal attorney about the matter. He can check to see if a warrant has been issued or is about to be issued. If there is a warrant, the wisest move is to retain an attorney and work on turning yourself in.

Susan Correia-Champa · Answer

My advise is that you hire an attorney.  If you are 18 years old, I would suggest you would want to avoid a charge.  Law enforcement could file a request for criminal application which means they would ask a magistrate to find probable cause to charge you.  If the magistrate finds probable cause then you would appear at an arraignment before a Judge.  The other possibility is that law enforcement will issue a summons for an arraignment then you are criminally charged without the benefit of a hearing before a magistrate.  Either way you should consult an attorney to help you with this process.

Edward Kroll · Answer

You can be arrested and charged with theft.  Do not talk to the police if they arrest you.  Be polite, but firm, and tell them you want a lawyer.  Theft of more than $100 is a Class A Misdemeanor.  The maximum possible penalty is 1 year in jaul and fines of $6250.  Having said that, the most typical sentence is probation, a small fine (~$400) or some community service, a theft class, and possibly a weekend in jail or so.  Since you are a minor, it is also possible that you could be charged with a Minor In Possession ticket.  While this is a violation, it does carry a 1-year driver's license suspension.  I would suggest you talk to an attorney as soon as you can.

Harley Gutin · Answer

Assuming you did this when the store was open it appears that it would be a misdemeanor Petit Theft unless over Three Hundred ($300.00) Dollars.  If First Degree Misdemeanor the most you could receive is up to one year in jail.  Most likely outcome would be probation.  Even if Felony the most likely outcome would be probation.  If first time offender and a Felony you would be eligible for a Diversion program assuming your State Attorney's Office had one.

Sean Walsh · Answer

In Idaho, you could be charged with Minor in Possession of Alcohol, Petit Theft, and Burglary.  The MIP and PT are simple misdemeanors, but the burglary is a felony that could potentially result in prison time.  Burglary can be charged if you entered a building, structure, or vehicle with the intent to commit a crime.  You should discuss this in detail with an attorney.

Michael Maltby · Answer

You may or may not be charged. I don't know what you mean by having you on tape. At this juncture, do not make any statements to anyone about this case without talking to an attorney. You may want to talk to attorney now before you are charged. This is something that may be able to be taken care of by way of a compromise of misdemeanor. That is, you may be able to get the alleged victim of the theft to agree to be reimbursed and to agree that you do not need to be prosecuted. In any event if you are charged and you do not have any other criminal history I would think that you could get out of this with something short of a criminal conviction.

Cynthia Henley · Answer

You will likely be charged with theft. If the value is over $1500 then it is a felony.

Carl Judin · Answer

You could get arrested and charged with Misdemeanor Theft.

Eric Rothstein · Answer

They can still arrest you. Assuming no force was used, its a misdemeanor and a 2 year statute of limitations.

Philip Hache · Answer

It is possible they are building a case for you, and will get a warrant for your arrest.  How do you know the police have you on tape?  DId they show up to the seen, or did you get out of the store without getting stopped?  If the cops did show up, even if they didn't take you to the station, they may have issued you a citation that has a court date on it.  Verify that.

Joseph Dane · Answer

Several things can happen:  You could face burglary charges if they think you entered the store with the intent to steal.  That's a potential felony, but in all likelihood would be charged as a misdemeanor.  You are likely to face petty theft charges - a misdemeanor carrying up to 6 months county jail.  You could also face minor in possession of alcohol charges.  If convicted of that, you will lose your driver's license for a year.  You really should be consulting with a local criminal defense attorney to discuss all the details and your options.

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