QUESTION
What should I expect for a first offense of theft?
Asked on Oct 08th, 2012 on Criminal Law - New York
More details to this question:
I was recently fired and received a ticket for theft. I was told that by price matching things under a certain amount caused shortage, which is theft since I am an employee. None was intentional and not planned there was a few transactions over the month of price matching that added to $50, I never physically walk out of the store with merchandise/money or anything. I was cited and given a court date. I just want to know what to expect when I go in. I admitted to being wrong even though I had no idea, what I did was against the law. I have a completely clean record and have never been in trouble ever.
9 ANSWERS
Michael J. Breczinski
I would get a lawyer and fight the matter. You can not accidentally steal. You must intend it. So if what you did you did not realize was wrong, then you should not plead guilty. They were not your friends and you should have not answered their questions.
Answered on Oct 12th, 2012 at 10:07 AM
Michael Paul Vollandt
In California you would expect to have a $10.00 fine plus P&A, be booked, stay out of the store for the period of probation which would be three years on summary probation.
Answered on Oct 11th, 2012 at 2:13 PM
Do not talk with anyone about this incident. Hire an attorney if you can afford to. If you cannot hire an attorney ask for the Public Defender at your arraignment. Most likely, if you are convicted of petty theft you will not be going to jail. You will be sentenced to probation and have to pay fines, court fees and restitution.
Answered on Oct 11th, 2012 at 2:12 PM
1 Award
You need a lawyer. If you did not intentionally cause a shortage then you have a good defense. So stop admitting that you did something wrong. You hurt your case when you do that. Everyone is human so mistakes are understandable. Do not talk to the store or the police without your lawyer present.
Answered on Oct 11th, 2012 at 1:56 PM
Theft is a crime of moral turpitude, and having it on your record means you can kiss your future employment aspirations goodbye. Which is why you better hire the best lawyer you can afford. By yourself you have no chance; all you'll do is open your mouth and incriminate yourself further.
Answered on Oct 11th, 2012 at 1:34 AM
Thomas Edward Gates
You can be expected to attend a consumer's class, do community service, pay court costs, stay away from the business while on probation, and have no further criminal violation. You can also expect a civil fine from the store.
Answered on Oct 11th, 2012 at 1:28 AM
Gary Moore
Accidental price entries are not criminal, but you may appear to be guilty if you are not believed as to making mistakes.
Answered on Oct 10th, 2012 at 1:44 PM
You need to hire an attorney to represent you. Your attorney may be able to negotiate a plea bargain with the prosecutor to get it reduced to a lesser offense, such as Littering. If you plead guilty, the theft conviction will stay on your permanent record and can prevent you from getting a job, getting into college, obtaining a loan, or even renting an apartment.
Answered on Oct 10th, 2012 at 1:37 PM
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You should hire a criminal defense lawyer. You will be charged with at least 1 Class A misdemeanor. A good lawyer can resolve the case in a way that won't give you a criminal record. I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.
Answered on Oct 10th, 2012 at 1:32 PM