QUESTION
What will the judge say if I have a court date for stealing from a store?
Asked on Sep 22nd, 2011 on Criminal Law - California
More details to this question:
I am seventeen and I just received the letter in the mail for my court date. I stole from a store about a month ago and I had to pay the 200 dollars worth of items stolen. I have a court date coming up soon and I am wondering what will happen? What will the judge do or say to me. Will I be put in jail? I've been reading online and it says I could be. This is the first time ever doing anything bad.
23 ANSWERS
Jacob P. Sartz
Your initial and first court-day is probably just an arraignment. The arraigning judge or magistrate will ask you how you wish to plead. The judge will advise you of your rights and the maximum possible penalties.You don't have to say anything; the court will enter your plea as not guilty. Pleading not guilty simply sets the matter for a pretrial/settlement conference. In some instances, the courts will even accept a waiver of arraignment. I would never recommend pleading guilty to something unless you fully understand the consequences. I would recommend retaining an attorney to assist you with this matter or requesting one at your arraignment.
Answered on Oct 12th, 2011 at 2:36 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It's possible you could get placed in jail if you plead guilty or are found guilty at trial, but it's not likely. More than likely is that you will be eligible for a diversion program or HYTA, either of which could keep the charge off of your record if you complete probation or community service. Seek a lawyer for advice for agreeing to anything.
Answered on Sep 28th, 2011 at 11:28 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You are being charged with shoplift. A conviction carries with it a maximum penalty of 1 year in jail and a $5,000.00 fine. There is mo mandatory minimum, which means if it is your first offense the judge will probably suspend all jail time and impose a fine of several hundred dollars. You won't go to jail provided you comply with all conditions imposed upon you by the court. I am always disappointed when I see a question coming from a person your age. While the court may "go light on you" and give you a "second chance", society is not always so forgiving. A theft (shoplift) conviction on your record can impact your future employment for reason that a theft shows you to be untrustworthy. If you are looking at colleges, a theft conviction could disqualify your application for many colleges and impact your eligibility for financial aid, loans, and scholarships. I would strongly encourage you to retain an attorney, who might be able to negotiate a deal that prevents this from being a permanent part of your record. I can only hope that you learn from this.
Answered on Sep 26th, 2011 at 5:24 AM
You are under 18 so your first court date will be to determine if the petition by the prosecution will be upheld. If it is you will be asked if you did it or not. If you admit that you did it then you will probably get probation and maybe some community service.
Answered on Sep 23rd, 2011 at 1:59 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You are 17. Take that notice to your parents. They need to retain counsel for you. The first court appearance is an arraignment. There is the judge, the prosecutor, court reporters, and other clerks and police officers. They may set bail and if you do not have it remand you to custody until you come up with bail. But this is just the first of many steps the case is not over on the first court date just starting. This is why you need defense counsel.
Answered on Sep 23rd, 2011 at 1:39 PM
You need to hire an attorney to try and work out a deal that would avoid a conviction being placed on your permanent record.
Answered on Sep 23rd, 2011 at 12:56 PM
Your first court appearance is an arraignement. At the arraignement, the court will tell you what you are charged with, advise you of your rights including your right to an attorney either retained by you or appointed by the court and lastly will ask you how you plead. An attorney may be helpful in that he/she could explain the process and the possible penalties.
Answered on Sep 23rd, 2011 at 12:33 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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A 1st offense for shoplifting is no more than a fine. You will not go to jail. However, if you van afford it, hire a lawyer who should be able to keep it from being entered as a conviction on your record. You want to be able to tell future potential employers that you have never been convicted of any crime. It is very important.
Answered on Sep 23rd, 2011 at 12:08 PM
You will most likely face local sanctions in Juvenile Court. This may or may not involve detention, but most counties have diversion programs for first time offenders involved in low level crimes.
Answered on Sep 23rd, 2011 at 11:49 AM
Michael J. Breczinski
Hopefully it will be your last time doing anything bad! You should get an attorney. Often the attorney can work something out where in the end you have no record. A theft offense on your record can limit the places that will hire you. Employers usually have enough problems with thieves without hiring them.
Answered on Sep 23rd, 2011 at 11:47 AM
A first time petty theft is unlikely to result in jail time. But jail should be the least of your concerns. You better think about the consequences of having a theft on your record. Theft is a crime of moral turpitude, and if you have it on your record you can forget about gaining any meaningful employment in the next decade of your life. Contact a lawyer is my best advice.
Answered on Sep 23rd, 2011 at 11:41 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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You will have to appear in juvenile court with a parent or legal guardian. The good news is that it's juvenile court. If this is your first offense, you should be eligible for some type of diversion program. Either your family can hire an attorney to represent you or you can request the services of the public defender when you go to court.
Answered on Sep 23rd, 2011 at 10:36 AM
Jail is a possibility - however if handled correctly you could get an alternative sentence that would get you probation , community service; anti theft classes possible fine.
Answered on Sep 23rd, 2011 at 10:29 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Let's put it this way, as long as you are respectful to the judge then you are as likely to go to jail as being struck by a meteor. But, you need to be represented by an attorney. An attorney can spot weaknesses in the case against you that you would never see and knows how to navigate the system and comply with all procedures. Also, the prosecutor will probably not speak with you directly so no plea bargaining will happen unless you have a lawyer.
Answered on Sep 23rd, 2011 at 10:17 AM
Assault and Battery Attorney serving Encino, CA
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RP Defense Law
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Your first court appearance will be your arraignment hearing. At that hearing, you will be informed about the charges filed against you (if the value of the stolen property is less than $950, you will most likely be charged with petty theft); the judge will advise you of your Constitutional rights and ask you to enter a plea. You can either enter a plea of "guilty", "no contest" or "not guilty", OR you can ask the judge to continue your arraignment so you can hire an attorney. If you enter a plea of "guilty" or "no contest" at your arraignment hearing, your case will end there. If you enter "not guilty" plea, the Court will give you another court date, which is usually the pretrial hearing in a misdemeanor case. I strongly recommend you to hire an attorney. If you cant afford one, ask the Court to provide you a public defender.
Answered on Sep 23rd, 2011 at 10:07 AM
Daniel Kieth Martin
If this is your first time getting in trouble then you will probably have to do community service.
Answered on Sep 23rd, 2011 at 9:56 AM
It is unlikely you will go to jail. It is possible under most statutes for larceny, but the system is generally too overloaded to allow for incarceration over petty offenses. You will likely face some form of probation, with the attendant fees and restrictions on your activities (probably be banned from that store/mall/shopping center for a period longer than your probation). As a juvenile, the offense should not become a part of your permanent, adult record. If, after you turn eighteen, you discover it is on your record you can retain counsel to try to have it expunged (removed).
Answered on Sep 23rd, 2011 at 7:50 AM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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Normally for a first offense the Judge is not likely to put you in jail. It is also helpful that you paid restitution to the store. Most likely you will need to pay court costs and hopefully the Judge will either dismiss the case upon payment of costs or place you on a short term probation and if you complete the probation period without further incident then it would be dismissed. I suggest you contact an attorney for further consultation.
Answered on Sep 22nd, 2011 at 8:03 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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Since you are a minor, you are probably being processed through the Juvenile Court system. You should be eligible for 'Informal Probation', pursuant to Welfare and Institutions Code section 654. If you were being prosecuted as an adult, I would urge you to negotiate for an infraction.
Answered on Sep 22nd, 2011 at 8:03 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Peter A. Duarte
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Since you are under 18 years old, you will be in juvenile court. More likely you will not go to jail. you may have to attend some counseling program or possibly do some community service. Your parents will need to attend the hearing. you can hire an attorney or the public defender's office will be appointed. The judge will want input from the probation officer on a recommended disposition of your case.
Answered on Sep 22nd, 2011 at 7:55 PM
The answer to your question depends upon whether you are charged in a municipal (city) court or in state court. If this is your first offense, any jail is unlikely.
Answered on Sep 22nd, 2011 at 7:54 PM
Theodore W. Robinson
Its unlikely you'll do any jail time for such a crime. Instead, you'll likely have to do a program about shoplifting and pay a fine. Hire an attorney to handle the matter for you.
Answered on Sep 22nd, 2011 at 7:51 PM
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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If you are 17, you would either go to Juvenile Court or have the matter handled informally by the Juvenile Probation Department. It depends on your county's policy. If the matter is handled informally by the Probation Department, you will not even go to court. So if you have a court date, and this is a first offense, there could be community service, deferred entry of judgment, etc. On the other hand, if you have a juvenile record, the consequences depend on that record.
Answered on Sep 22nd, 2011 at 7:50 PM