Can I avoid jail on first offense theft charges?

Question

Is there any way to avoid jail time if it is a first offense with the charges being theft by taking and credit card fraud. The amount being $80.00.

Michael Nack · Answer

I can tell  you that  in many cases an attorney can help you to avoid a conviction  being entered on  your record for a first offense by negotiating a plea bargain  on your behalf. If  you do not already have an attorney, you should hire the  best criminal defense  attorney you can afford. I have handled hundreds of  these cases in the  thirty-three years I have been practicing law, and I  might be able to offer my  services to you for a reasonable fee. Please feel  free to contact me.

Michael J. Breczinski · Answer

The answer is possibly. Will you make restitution? Do you have any other  convictions? Etc. You may be eligible for a program through the court to avoid  a conviction on your record if you are a first time offender.  Consult an attorney.

Thomas Tomko · Answer

You should hire an attorney to review your case and the possibility of both avoiding jail time and avoiding having this placed on your record.  In Michigan, for example, based on the offense, your age, your prior record, and the facts in the case, it may be possible to avoid jail and avoid having the matter on your record, however, the particular Judge and the particular prosecutor may make a difference.  That is why consulting a local attorney is critical to your case.

Jared Altman · Answer

Yes. I think that you will probably be able to avoid jail time provided this is your first brush with the law.

Craig Elhart · Answer

There is no way to guarantee no jail time even for a first offense.  However, if you have a clean record and immediately paid back what was taken, you will lessen the chances of jail time.

Jeff Yeh · Answer

Possibly. Have an experienced attorney negotiate for you and advise you before you begin talking and incriminating yourself further.

Michael Lynch · Answer

Yes.  The first way to avoid jail to prevail in the case.  Outside of a  dismissal, you could always enter into a plea which would ensure no jail  time, or explore an alternative to any jail. Good Luck.

Terry Nelson · Answer

CAN you?  Sure.  Is that likely?   That depends.  You may be charged with a felony or misdemeanor.  No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc.   Of course you can fight it.  When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do?   Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it.   Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.  If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.  Ill be happy to help use whatever defenses there may be.

Cynthia Henley · Answer

You are eligible for probation, at least in Texas, and more than likely any other state. In Texas, credit card abuse is a felony but they will often offer probation. Some times, though, you must cooperate with authorities in informing on others or at least how you obtained the card. You definitely need a lawyer representing you.

Jacob P. Sartz · Answer

I would recommend retaining an attorney for this matter. This response does not  contain specific legal  advice. If you need specific legal advice, you should  consult with an attorney.   Any  person who is confronted at a store with allegations that they  allegedly  stole something at a store should consult with an attorney. In some  limited  instances, employees or the owner of the business may not wish  to get the  police involved. However, a majority of commercial retailers,  especially large  discount retailers (i.e., Target, Sams-Club, etc.),  have thorough  "loss-recovery" programs and will usually contact the  police and file a police report. Any charged with a criminal offense is presumed innocent until proven guilty. The prosecutor needs to prove their case beyond a reasonable doubt. Simply  because a person is charged does not mean the prosecutor may ultimately convict  that person. The burden of proof is lower to charge a person as opposed to convicting them. For people being charged as first-time offenders who may  actually be guilty of the offense, there may be diversionary programs available that could keep a potential charge off a person's record; however, it depends on a variety of factors. Further, with less severe misdemeanors, it is a possible  that even if a person is convicted, they may not serve any jail time and just  pay some fines and costs. Ultimately, results vary significantly depending on a person's particular circumstances, the state the live in, their charges, etc. Most attorneys provide free initial consultations. It is worth a few phone calls. You are presumed innocent until proven guilty. I would recommend retaining an experienced criminal defense attorney.

Carl Judin · Answer

Yes. In most all jurisdictions you are eligible for probation.

Paul J. Wallin · Answer

We have been helping people avoid jail time on first offense theft charges for over 30 years.  Many courts have "alternative" programs which allow persons accused of first offense theft offenses to attend a "shoplifters" course and do community work service and this may avoid a conviction on your record. This is important as this is a crime of moral turpitude and if you can avoid it you do not want this crime on your record as it likely will negatively impact your ability to obtain employment in the future. To determine what will happen on your case we would need to know all about your prior "life history" to determine how strong a pitch we can make to the prosecution that a "theft conviction" would damage you in the future.

Eric Chandler · Answer

Yes, in fact if you have nothing else on your record, you likely will not get jail time in the first place.  In Nebraska, most judges will sentence you to a fine or probation for a first time misdemeanor theft offense.

Joseph Katz · Answer

Yes, it is possible. It depends upon the specific plea negotiations with the District Attorney.

Seyyed Sharifi · Answer

That really depends on a number of factors including: your criminal history, the nature of victim (if you stole from a helpless old lady rather than a young millionaire, the judge/jury will not be as sympathetic), your attitude with the police and the courts, the particular judge and prosecutor assigned etc. Your best bet is to hire a good criminal defense lawyer. Many people ask whether they need a lawyer and I always tell them the same thing: you wouldn't perform surgery on yourself, so why would you try and navigate the court system yourself? Fight your theft charge, but have a good criminal lawyer by your side.

Brian Walker · Answer

The short answer is that it is possible. The answer depends upon your jurisdiction and the ability of your attorney to work with the so - called victims. I practice in Oregon and Washington state, and routinely in about a half dozen counties in each state. The policies and reasonableness varies from state to state, and county to county.

Theodore W. Robinson · Answer

Unfortunately, it's not just drugs, but credit card fraud as well and that is  taken very seriously in the law. I cannot properly advise you without knowing  what state and county you live in, since it varies widely. However,if this is  truly a first offense, they you have a chance of avoiding jail, but you'll need  a very good attorney handling your case. Call a local attorney now and consult  with them. Good luck.

Michael Morgan · Answer

Theft in the Third Degree (which this appears to be) has no minimum sentence and a maximum sentence of 365 days in jail so a court can put you in jail but is not required to sentence you to jail if you are convicted.

Eric Sterkenburg · Answer

If this is your first offense you should get probation. An attorney would help.

Gregory Casale · Answer

You should be able to avoid jail time if it is a 1st offense. However, you may want to think hard before admitting guilt and allowing a conviction to appear on your record. This decision could come back to haunt you for the rest of your life. A conviction on your CORI (Criminal Offender Record Information) could prevent you from obtaining a job, qualifying for certain subsidized housing, volunteering for to participate in some of your children's activities and more. You should consult with an attorney before you make any final decision. If you can't afford one, the court may appoint one on your behalf. Think through your options and get legal advice.  If you would like to discuss your matter in more detail, you can contact me at the telephone numbers, email addresses and web site listed below.

William Guy Pontrello · Answer

Usually with no priors and restitution.

Seth Bloom · Answer

You may be able to negotiate a plea deal for which you receive a reduced and/or suspended sentence in return for probation or some other diversion program.  This is something you would be able to discuss in detail with a criminal defense attorney if you were to hire one to help you with your case.  If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.

Timothy Klisz · Answer

If you have no record, then it is certainly possible.

Jared Austin · Answer

If it is your first offense, there is a good chance that you could get off with probation. You may also qualify for a diversion program which is like probation-lite. It consists mainly of community service and other programs they may assign you to. Upon successful completion of diversion, the charge will stay off your public record. Even if you don't retain an attorney, have an experienced criminal attorney review your file before pleading guilty to anything. There may be errors that could get the charges reduced or dismissed. He will also be able to tell you more on whether you qualify for diversion or what your likely sentence will be.

Andrew Roberts · Answer

It's possible- You need an attorney to review the facts and circumstances. This is not something you want handle yourself.

Eric Schurman · Answer

Certainly.  Do hire a lawyer, however, to get the best result possible.

Steven C. Bullock · Answer

Yes, in all likelihood the jurisdiction in which your case is pending has a   diversion program which would allow for probation with no jail time.    Without question, you should have representation to steer you through the   process.

Andrew Subin · Answer

You should be able to avoid jail time under these circumstances.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can I avoid jail on first offense theft charges?

28 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer