QUESTION
What happens if a 21 year old shoplifted for the first time and get caught?
Asked on Jul 14th, 2013 on Criminal Law - California
More details to this question:
My 21-year-old son got caught shoplifting at Wal-Mart. They caught him on camera and is going to use it against him in court. This being his first time breaking the law the police gave him a choice to attend his court date or go to jail. Should he plead guilty in court? Should he get a lawyer even though we cannot afford it? What is most likely to happen to him? He doesn't have a reason for stealing. He said he made a stupid decision and he don't know why and that he is very sorry and that he would never do it again. Is that a good enough reason to tell the judge? Would it be on his record forever? If so how could it be cleared? Would it affect him from getting a job if it ask has he ever be convicted of a crime and what should he put?
7 ANSWERS
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.
Answered on Jul 16th, 2013 at 7:40 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Shoplift is punishable by up to a year in jail and a $5,000.00 fine. For a first offense, he will probably get a suspended sentence with no jail time. HOWEVER, he will have a conviction on his record. Yes, it will be there for a long time... perhaps forever. Yes, he will have to disclose the conviction if asked on a job application. If he is planning to go to college and wants scholarship aid or federal loans, a criminal conviction such as this will disqualify him. Heavy duty consequences for a stupid decision... consequences that will follow him for some time. My advice get an attorney who may be able to cut some kind of deal and avoid a conviction from being entered.
Answered on Jul 16th, 2013 at 7:39 PM
Michael J. Breczinski
He should get a lawyer so that something can be worked out so he has no criminal record.? Yes criminal records are FOREVER. What employer wants to hire a thief??So it is important to see if he can get some sort of diversion to avoid such a thing.? Courts often extend such a bargain to first time offenders if asked but it is not automatic.? if he pleads guilty right away then he gives up all his bargaining power.
Answered on Jul 16th, 2013 at 7:39 PM
Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye.
Answered on Jul 16th, 2013 at 7:39 PM
Thomas Edward Gates
Your son should be writing this question, not you. Your son committed a gross misdemeanor with a sentence range of 364 days in jail and $5,000. As a first offense, he will likely have to attend a consumer awareness class, do community service, pay a fine, pay restitution, stay away from the store, have no further criminal violations and be on probation for one year. He will also have to pay a civil fine. The charge will be on his record and will appear with a background check. This will impact his ability to get a job, apartment, loans, etc. He can expunge his record after he has completed probation.
Answered on Jul 16th, 2013 at 10:44 AM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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Your son is twenty one, so the reference is to him, not "we". If he has no money, he pleads not guilty and requests the appointment of a public defender. Tell him he has shown he does not make wise decisions, so he needs the public defender to assist him in making the correct decision.
Answered on Jul 16th, 2013 at 9:32 AM
James Edward Smith
Usually diversion.
Answered on Jul 16th, 2013 at 9:32 AM