QUESTION
What can we expect for a first charge for retail fraud under $200 with no arrest?
Asked on Mar 21st, 2013 on Criminal Law - Colorado
More details to this question:
My husband and I were caught at a retail store by loss prevention sliding items across the scanner. We have a large family and we were having trouble this month making ends meet. The items that were slid were diapers, some food and laundry detergent. Affording a lawyer when we are already on public assistance is nearly impossible. What are we facing? Neither one of us has a record and we are over 35.
6 ANSWERS
Michael J. Breczinski
First you will be eligible for a court appointed attorney. Second maybe something can be worked out so you end up with no criminal record. This is huge since what employer wants to hire a thief?
Answered on Mar 25th, 2013 at 9:53 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Charged with a misdemeanor? Then you are given a Public Defender. Whatever happens totally keep it off your record. If you talk with the DA don't admit anything. Just say "with the evidence you have what do we do to avoid anything that will make life even worse for our family".
Answered on Mar 25th, 2013 at 1:58 AM
First time petty theft is a misdemeanor, punishable by up to a year in county jail and a $1,000.00 fine. Without a prior criminal record, you can expect three years of summery probation, a fine, a stay away order from the store of the incident, and community service.
Answered on Mar 21st, 2013 at 3:09 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Because this is a criminal case, if you can't afford an attorney, the court will provide you with a public defender to help you. Your 1st hearing is your arraignment. The purpose of the arraignment is to read the charges and have you enter a plea of guilty or not guilty. I NEVER have my clients plead guilty at arraignment because then, if your guilty plea is accepted, you then have a criminal conviction on your record. The sentence for a conviction of theft (shoplift) is a maximum of one year in jail and a $5,000.00 fine. First time offenders rarely get jail time, but receive suspended sentences. BUT you still have a conviction. You want to try to avoid that. By pleading not guilty the matter gets set on track for a trial. You do not necessarily want to go to trial, but between the arraignment and the trial you have the opportunity to try and cut a deal. In your case, with nothing on your record, you may qualify for a pre trial diversion or a deferred sentence. In either case, the court defers entering a finding for a period of time generally 6 months to a year that if you maintain law abiding behavior and do as the court orders you to do, then at the end of the period of time, the case is dismissed without any conviction on your record. This is what you want.
Answered on Mar 21st, 2013 at 12:16 PM
2 Awards
In Colorado, theft under $200 is a class 2 misdemeanor, which is punished by up to a year in county jail. There is no mandatory jail time, meaning the judge can give anywhere from 0 days to 365. If this is you and your husband's first offense you may be eligible for a diversion program, depending on the jurisdiction. If you have a defense such as necessity to the charges is unknown with the facts you presented in your question. You can ask the court to appoint an attorney on your behalf if you cannot afford one and he/she would be able to properly advise you.
Answered on Mar 21st, 2013 at 12:12 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You may be eligible for a diversion program that normally consists of community service, classes, and some fines. That would keep the matter off your public record. While jail is possible, it's highly unlikely.
Answered on Mar 21st, 2013 at 12:12 PM