QUESTION

What happens if I get a petty offense on my permit record?

Asked on Sep 07th, 2012 on Criminal Law - New York
More details to this question:
I turned 18 one month ago and I was caught stealing from a mall. I have yet to go to the police for picture and finger scanning. The police said it would go on my permit record. If that happens, what am I restricted to do? Once I go to court, what is the smallest/largest punishment? What does it mean do be on probation? I was told by the police that the most extreme I would get is probation and one day in jail, but that is up to the judge. Thank you for all your help.
Report Abuse

13 ANSWERS

I don't know why this would go on your driving record. This is not a driving offense. Also, you may be able to get a lower punishment depending on what county you live in. Consult a lawyer.
Answered on Sep 19th, 2012 at 3:46 PM

Report Abuse
Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
Every crime carries potential jail or prison upon conviction. You?ll learn the actual charge[s] filed and get copies of all the police reports and prosecutors? evidence when appearing for arraignment at the first court hearing. In California, if convicted of any misdemeanor, you potentially face up to 12 months in jail, plus fines. The police told you what you wanted to hear, simply to pacify you into not causing a problem at the time. You already have a record the arrest, and the charges filed. If convicted, that goes on your record as well. Records are forever. If charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. For first time shoplifting petty theft, your attorney MAY be able to get you a plea bargain that avoids jail, and MAY even avoid a conviction on your record. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me.
Answered on Sep 16th, 2012 at 2:53 PM

Report Abuse
Petty theft is a crime of moral turpitude, so probation and/or jail should be the least of your concerns. What you should be worried about is the criminal record for theft, which will prevent you from getting into good schools and meaningful employment opportunities. You better get a lawyer to fight the charge, or you will regret big time later on in your life.
Answered on Sep 16th, 2012 at 2:38 PM

Report Abuse
Workers Compensation Law Attorney serving Sacramento, CA at Ernest Krause Attorney at Law
Update Your Profile
The police often mean well with their opinions. But no one should rely on such. The public defender will get you a good deal. If you can't get a public defender find a low-cost (competent) private lawyer (resolving your case won't take much time).
Answered on Sep 16th, 2012 at 2:37 PM

Report Abuse
Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
Update Your Profile
I believe you mean "permanent" record, not "permit" record. It is true that when you are arrested, the fact of the arrest goes on your "rap" sheet. But that won't mean anything unless you are convicted. If you are told to show up in court, either hire a lawyer or ask for a public defender. A lawyer will be able to bargain this down to an infraction, depending on the amount allegedly taken.
Answered on Sep 16th, 2012 at 1:57 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Get yourself an attorney, this is not a day in jail, it is a record which will follow you for the rest of your life.
Answered on Sep 16th, 2012 at 1:25 PM

Report Abuse
Leonard A. Kaanta
You will have a criminal record unless it is expunged. You have to pay fines and costs and follow the rules of probation.
Answered on Sep 14th, 2012 at 11:31 PM

Report Abuse
Generally speaking a petty theft is a pretty low level misdemeanor, you will have fines to pay, it can be used to elevate any subsequent offenses of petty theft (if you have three theft related offenses) to a felony which is an offense that can result in up to three years in jail or prison. Probation means the balance of your jail time is suspended, you can get additional jail if you violate any terms of probation, which usually means committing any new offenses. Generally, you will have to stay out of the store you were caught stealing from for a year. And yes it is on your record.
Answered on Sep 14th, 2012 at 10:20 PM

Report Abuse
Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
Update Your Profile
I think you might mean permanent record instead of permit record. Petit theft is usually handled with a deferred prosecution agreement. You will probably have to attend a class, pay fines and costs, and complete some community service hours. Then the case will be dismissed. After that you can probably get the records sealed and expunged. Hire an attorney.
Answered on Sep 14th, 2012 at 10:20 PM

Report Abuse
Michael J. Breczinski
First of all you need an attorney. It may carry not much time but this is a very serious offense. You want a lawyer to try to see if they can work out something where you end up with no record. To steal if you are not starving and there is no other way to get food is stupid. If this is on your record then if you want to get hired it will make it extremely hard to get a job. What employer wants to hire a thief? This conviction ca naffect the rest of your life. The conviction NEVER comes off your record unless a judge decides to expunge it. In Michigan you have to wait over 5 years and have NO other convictions with only a couple of exceptions.
Answered on Sep 14th, 2012 at 6:47 PM

Report Abuse
Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
Update Your Profile
Never listen to the police for legal advice. Call a local attorney and ask your questions before hiring the right one.
Answered on Sep 14th, 2012 at 6:42 PM

Report Abuse
Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
Update Your Profile
Don't take legal advice from the police. Hire an attorney to represent you so you can be sure to keep this off your permanent record. If you don't have any prior convictions for stealing, an attorney may be able to get this reduced to "Littering" or maybe an SIS (suspended imposition of sentence) and probation, which means that if you get arrested for theft-related charges during the probation period, the original conviction for stealing will be entered on your permanent record. If you stay out of trouble during the probation period, then the charge will be dismissed.
Answered on Sep 14th, 2012 at 6:40 PM

Report Abuse
Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
Update Your Profile
You need a consultation on the crime of petit larceny, the level of the charges, the effect of having a criminal conviction on your record will mean, and alternative dispute resolutions. Now YOU, not your parents, needs to step up and hire a lawyer.
Answered on Sep 14th, 2012 at 6:34 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters