Can I just pay a fine and not go to jail for a shoplifting first offense?

The fine or jail is not the worst thing that can come of getting a conviction for theft. It is the conviction on your record. This record is forever. Try to get a job. What employer wants to hire a thief? You want to get a lawyer and see if something can be worked out so that you end up with no conviction on your record.

No, it's up to the judge. Shoplift is punishable by up to a year in jail and a $5,000.00 fine. Even if you get no jail time, you may still have a conviction on your record. A conviction that has to be disclosed on job applications. How many employers want to hire someone who steals? If you are planning to go to college, many applications are also asking about criminal history. Likely to narrow down your college choices considerably. With a conviction you are not eligible for a lot of federal student aid and grants. That limits your options even more. My advice: hire an attorney who MAY be able to keep a conviction off your record. From this point forward, try thinking about the consequences before you act, rather than after, or be willing to live with the consequences of stupid decision making.

Shoplifting items of a value of less than $950.00 is petty theft. Petty theft can be charged as an infraction if the amount stolen is worth $50.00 or less. If over $50.00 but less than $950.00 it is charged as a misdemeanor. However If you have three or more priors for petty theft, the next one can be a felony or a misdemeanor. Infractions are punished by a fine. Misdemeanors are punished by up to one year in the county jail and/or up to a $1,000.00 fine. Felonies are punished by sixteen months, two years, or three years in state prison. The normal punishment for first time petty theft is three years summary probation, a fine, community service, theft classes, and restitution to the victim. Second or third convictions for petty theft normally are the same as for a first conviction. However, it is not unlikely to receive up to 90 days in county jail for the additional convictions. This all depends on the facts of the case.

You will not go to jail on your first offense. However, you will likely be sentenced to attend a consumer awareness class, do community, pay a fine, pay restitution, stay a way from the store, have no further law violations, and be on probation for one year. You will have a criminal record, which will impact your ability to get a job, a loan, or an apartment.

Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.

Jail is probably only possible in the theoretical sense. It depends upon the policy of the store as to whether or not they ask the prosecutor to pursue charges. Some stores will and some stores will not in favor of seeking civil fines that they are entitled to recover by statute. If charges are filed, more than likely the worst case scenario you face is probation. Most jurisdictions offer diversion programs for first offenders that would allow you to keep your public record clean upon successful completion. Consult with an experienced criminal defense attorney in your area that handles retail fraud or shoplifting charges.

The maximum penalty in Missouri for misdemeanor shoplifting is 1 year in jail and $1,000 fine. If you plead guilty, you will be sentenced by the judge, and you will have a conviction for shoplifting on your permanent criminal record. That conviction will prevent you from getting a job, renting an apartment, obtaining federal student loans, etc. Hire an attorney to represent you if you want to keep this off your criminal record and avoid jail time.