What happens if I was caught stealing for the second time?

Question

I was recently caught stealing and this will be my second offense. I was on probation, but I'm not anymore. Will I have to do time or can I just pay fees?

Samuel H. Harrison · Answer

That depends on what you took, how much it was worth, where you took it from, and several other factors.

Philip Hache · Answer

It really depends on the situation.  What was it that you stole (value?  petty theft? grand theft?  What court is it in?

Michael Garber · Answer

Depends on what the sentencing judge wants to do.

Jacob P. Sartz · Answer

I'd recommend you retain a lawyer. Anyone charged with an offense is presumed innocent until proven guilty beyond a reasonable doubt. If you cannot afford to retain a lawyer, the court may appoint you one at the public's expense.   Speaking generally, as long as the alleged amount is relatively low, people charged with theft offenses with priors are charged with retail fraud 2nd, a misdemeanor, if convicted, punishable by up to year in jail, probation, fines, costs, restitution, or other sanctions at the discretion at the court. However, actual sentences for a plea or conviction vary widely depending on the court, whether there was a plea-bargain, the strength of a case, a person's prior history, or other factors. Further, the charges could be worse and certain fact patterns for theft offenses are actually charged as felonies (unarmed robbery, for example), depending on the circumstances.  I'd recommend you retain a lawyer or request that the court appoint you a lawyer at the public's expense.

Eric Sterkenburg · Answer

In California the law was just changed. If a person now gets three misdemeanors petty theft before the next is a felony. If the theft is not a petty theft but a grand theft then it could be filed as a felony or a misdemeanor. Knowing what you will be charged with and what the sentence would be if convicted is not possible to know under the facts that you gave.

Thomas Tomko · Answer

There are numerous types of theft charges, and your not giving details makes it dificult to predict.  However, you should have an attorney represent you who will go over your particular charges, the possible defenses, and the expected outcome of a plea or conviction.  You should address your questions to the attorney who will be familiar with your particular Court and Judge.  I hope that this was helpful.

Geoffrey MacLaren Yaryan · Answer

It can be filed as a felony, with all the consequences that flow from  that.

Steven D. Dunnings · Answer

If you were on probation at the time of the offense, you might be up for a charge of violating your probation.

Craig Elhart · Answer

It this is your second offense, upon conviction, the likelihood of you spending time in jail is increased.

Cynthia Henley · Answer

No way to answer that without a lot more information but it is obviously not good.

Cindy L. Barton-Coombs · Answer

It is probable that your penalties will be greater the second time than the first.  The idea is that you are supposed to learn better the first time so there is not a second.  If you didn't learn, they will try harder to teach you.  Whether or not you do jail time depends on too many factors to explain here, but it is a pretty good bet.

Jared Altman · Answer

You didn't supply enough information for me to answer intelligently. But, it sounds like you're in big trouble this time.

Michael J. Breczinski · Answer

That depends on the judge and the circumstances if you will have to spend time in the jail.

Mark R. Thiessen · Answer

Depends on the county, judge and DA.  Also depends on how much and when your prior was.  Both of your options are available in Harris County.

Jared Austin · Answer

It depends on what you stole, how much it was worth, what location it was taken from, if any weapons or threat of force was used, etc. That could make the difference between a misdemeanor and a serious felony. If you have been charged, you need to seek counsel from a lawyer before agreeing to anything or pleading to anything.

Edward Blum · Answer

It depends, mostly on the value of the item(s) you allegedly stole.

Jules N. Fiani · Answer

You will be placed on probation.

Jeff Yeh · Answer

Petty theft with a prior can be filed as a felony.

Gary Moore · Answer

You are getting into the range of going to jail this time.

Stephen Freeborn · Answer

Yes, you could do jail time; yes you could pay fines.  The likelihood of both is greater because you apparently have a history.

Jeffrey Pollock · Answer

Likely probation again, but it depends on the value of the stolen items and the rest of your record and your judge and whether you plead guilty, etc.

Joseph Dane · Answer

The good news is that the law changed recently.  It used to be with one prior conviction for theft, a new petty theft could be charged as a felony.  Now it's 3 priors and your fourth can be a felony.  At least you're only looking at a misdemeanor, assuming all they charge is the theft (instead of something worse like burglary).  Are you looking at jail time?  Potentially.  The jails are overcrowded, so it may not be a long sentence or you could get an early release, or there may be an alternative to jail such as house arrest, community service, fines, etc.  You'll definitely need a local criminal defense attorney to help you out and try to avoid jail.

Kenneth Wincorn · Answer

It depends on the level of the offense and the policy or the D.A. Call your attorney or us to discuss.

Timothy Klisz · Answer

Jail time is quite likely on a second offense.  Your own lawyer could  make this easier and possibly avoid jail in some courts.

Daniel Kieth Martin · Answer

This question cannot be completely answered for a couple of reasons. The primary reason is that the judge decides your fate and he or she probably doesn't even know what is going to happen yet.  The other thing that affects the answer is the value of the thefts. A person who steals two candy bars is treated differently than a person who embezzles a million dollars. Assuming that the value was relatively low on both cases then I would say that you probably will not have to spend a lot of time in jail for this second offense. However you should never pick up another case of theft because these cases can affect your employment prospects and whether or not you are believed by anyone who learns of these cases.  You should contact a lawyer because you are correct in assuming that the punishment increases with each new case.

Paula Drake · Answer

If you served any time or were booked/released and given a day credit on the first case (and if that case was a petty theft conviction), then they can file a petty theft with prior (PC 666) on the second offense; this can be a felony or misdemeanor and if a misdemeanor it carries a one year maximum; if a felony it carries a maximum state prison sentence of 3 years. You could do jail time on a second conviction; you should consult an attorney early in the proceedings to get you the minimum charge with the minimum consequence. The consequence will depend on several factors (loss amount, age of the prior conviction, details of the prior conviction, details of the new case etc.) Each case is different, so get a consultation.

Jaime Cowan · Answer

That will be the district attorney's decision and the judge

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