Will I serve time for stealing for the first time?

Question

I was caught stealing at Burlington. It came up to $92 worth of merchandise. I am 18 and I am still in high school. This is my first time being arrested and is my first record. Can I get this sealed? Will I serve jail time? How much will my fine?

Lynn Norton-Ramirez · Answer

You should qualify for some type of a First Offender's program which can result in a dismissal and then an expunction can be filed. Please consult a lawyer to protect your interests and keep your record clean.

Mark Bruce · Answer

When you appear in court, ask for a public defender. These questions depend on the county you're in, the facts of the case, and other factors which you can't tell me. A public defender will help you. Typically, though, there is no jail time on a first petty theft and it might even be reduced to an infraction.

Larry Dunn · Answer

If found guilty of a misdemeanor offense shoplifting, a person faces up to  6 months in jail and $1,000 fine. It is unlikely that a first time offender will  be sentenced to jail; however, it is within the sole discretion of the sentencing judge. Records can be sealed after statutory prescribed times depending on the disposition of the case.

Timothy Klisz · Answer

Get a lawyer to try and keep off your permanent criminal record.  Jail is unlikely in most courts on a first offense.

Stephen Freeborn · Answer

Sounds like shop lift.  Shop lift is punishable by up to a year in jail and a $5,000.00 fine.  For a first offense, you probably won't get jail time; however, a conviction on your record could have some very negative and long lasting consequences: inability to get a job because you "can't be trusted"; also, it could impact your ability to get into college and obtain student loans and grants.  My advice:  hire an attorney who may be able to work a resolution without this becoming a permanent part of your record.

Terry Nelson · Answer

Jail is the penalty upon conviction of any crime. Whether that happens is up to you.  The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc.  The charges actually filed by the prosecutor will determine how much "time" and other penalties could potentially be imposed. You'll learn the actual charge[s] and any enhancements 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.

Gregory Casale · Answer

No, you should not go to jail for a 1st offense theft. In fact, shoplifting, 1st offense has a maximum penalty of a fine of I believe $500. The more important issue at this point is keeping this off of your permanent CORI (criminal history record).  You should be getting two things in the mail. One will be a summons to appear either in court for arraignment or at a Clerk's Office for a Show Cause hearing. Hopefully it will be the latter, since if you are successful at the Clerk's Hearing no criminal charges will issue and you will have no record. If it is a summons for  arraignment, it means you will be arraigned on the criminal charges and you will begin the process in district court instead of the Clerk's office. Either way, you should call me or another lawyer as soon as you receive either summons, if you care to try to keep this off of your record.  The 2nd item you should receive is a Civil demand letter from a civil law firm demanding that you pay a fee of between $200 and $500 for the civil penalty. Again, before you do anything with this call your lawyer. I typically advise my clients NOT to pay this demand and we write a letter to the law firm who makes the demand to terminate the collection effort. It is always wise to hire a lawyer for any criminal issue. With a young person, with no previous record, it becomes even more important to have a lawyer work to keep that record clean.

Michael J. Breczinski · Answer

You should get an attorney for this since it is your first and should be your last theft. The attorney may be able to work out something where you end up with no conviction for theft. This is very important since you may want to get a job in the future. How many employers knowingly want to hire a thief?

Nathaniel Shafer · Answer

It's possible you will get jail time, but it would be rare for a first offense. If you keep a clean record long enough, yes, it may be possible to get this sealed.

Steven Alpers · Answer

You may only do a short time in jail, possibly the time you have already completed by being booked. Some courts have diversion for 1 st time offenses, which could result in a dimsmissal, others do not. Your record can never be sealed and if you get one day jail it is a prior which can make it a felony in the future to steal, even less than $1.00. So stay out of trouble.

Michael Clinton · Answer

You are an adult.  Time to start acting like one because there "ain't no go'in back". Hire a criminal defense attorney and hopefully your  attorney can minimize the damage.

Andrea Rogers · Answer

You need to hire an attorney to represent you. The attorney can probably negotiate a plea bargain with the prosecutor so you won't have this on your record. Since you have no prior convictions for stealing, then it's very likely (depending on which court this is in) that the prosecutor will agree to reduce the charge to a lesser offense, such as "Littering". You will have to pay a fine and court costs, and you may also have to attend a court-ordered class.

Steven Fairlie · Answer

It is very unlikely that you will serve jail time and more likely that you will get ARD.  You must talk with a good local lawyer though or you could very well make mistakes that mess up the outcome of your case.

Jeff Yeh · Answer

No it cannot be sealed because you're 18. Jail should be the least of your concerns. Having a petty theft on your record means you won't be getting into any good universities and/or any meaningful employment for the next decade of your life. You need to invest in a lawyer so the charge can at least be reduced to a non-theft offense.

Dennis P. Mikko · Answer

If this is your first offense it is unlikely that you will service time in jail.  You will not be able to get the matter "sealed."  Your ultimate punishment will be determined by the court and will likely in addition to fines and costs consist of community service and probation.

James Osak · Answer

Probably just some form of probation depending on your criminal record.

Mark Smith · Answer

No, but they will order you to stay out of the store.

Timothy Byrne · Answer

You may get a suspended sentence or jail.

Jennifer Leigh Gottschalk · Answer

You will probably not be sentenced to jail. Because you are an adult (you are 18) the record will not be sealed. You can be fined up to $1000 for the offense. You ought to get a lawyer to help you with this.

Robert De Groot · Answer

You will probably be offered a deferred prosecution agreement, whereby you will take a class, pay a fine, and serve some community service hours. After you complete these things the case will be dropped. You probably will not go to jail and you will be able to get the record sealed and expunged. If you continue to steal things, you will eventually be prosecuted for a felony even though the crime is actually a petit theft.

Thomas Edward Gates · Answer

You will unlikely get jail time. You probably will be placed on probation, required to take a victim's class, serve community service and be ban from the store you stoled from. The store can assess a civil penalty of twice the stolen item's cost.

John Patrick Yetter · Answer

You should hire a lawyer to help you - most 1st offenders in this category get some sort of deferred prosecution where there is no conviction and the case is ultimately expungable.

Jeffrey Pollock · Answer

With good counsel, I believe that you should get Restitution and Probation at worst.

John Brennan · Answer

You need an attorney.  Chances of jail are relatively remote.  You will have to make restitution.  It might be possible to have the charges deferred.

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