QUESTION

Do I have to plead guilty or not guilty for a petty theft on a $25 bracelet?

Asked on Mar 24th, 2014 on Criminal Law - Michigan
More details to this question:
I have to appear in court next month for petty theft for a $25 bracelet. I was shopping at the store with my daughters and forgot to take of the bracelet, paid my bill and walk out of the store. Citation reads 488 pc. Do I have to plead guilty or not guilty? What should I do?
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9 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Depending on the amount allegedly stolen and the jurisdiction where the event occurred, shoplifting can be met with a mere citation (infraction), or charged as a misdemeanor or even a felony, with possible jail sentences of 6 months to 3 years. It will be up to the D.A. to determine how the crime will be charged. I suggest that you hire an experienced criminal defense attorney to represent you and get you the best deal possible.
Answered on Mar 31st, 2014 at 8:59 PM

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Shoplifting items of a value of less than $950.00 is petty theft. The first three times a person is convicted of petty theft it is a misdemeanor. However, if the amount stolen is worth $50.00 or less it may be charged as an infraction. 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 year's summary probation, a fine, community service, theft classes, and restitution to the victim. Consult with the Public Defender in the court at the time of your arraignment to get the best offer and advice on how to plead.
Answered on Mar 27th, 2014 at 10:25 AM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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If you plead guilty, the judge will sentence you. The maximum penalty in Missouri for misdemeanor (under $500) shoplifting is $1,000 fine + 1 year in jail. If you plead not guilty, the judge will set your case for trial and you will have to decide whether to represent yourself at trial or hire an attorney to represent you. Since it doesn't sound like you can prove that you didn't shoplift (it doesn't matter that you forgot about the bracelet and didn't intend to shoplift), you have a high risk of losing at trial and then you will be convicted of shoplifting. Having a shoplifting conviction on your criminal record will prevent you from getting a job, renting an apartment, getting federal student aid, getting a bank loan, etc. I highly recommend that you hire a lawyer to represent you. Your attorney can probably get the shoplifting charge dismissed or reduced to a lesser offense, such as "Littering."
Answered on Mar 26th, 2014 at 2:44 PM

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James Edward Smith
Ask for diversion.
Answered on Mar 26th, 2014 at 6:01 AM

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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.
Answered on Mar 26th, 2014 at 6:00 AM

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Michael J. Breczinski
Plead not guilty. You have to intend to steal. You can't shoplift accidentally.
Answered on Mar 26th, 2014 at 5:46 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Those are your only two choices. My advice to you is to hire an attorney to help you. He/she may be able to resolve the matter without it becoming a permanent part of your record.
Answered on Mar 25th, 2014 at 3:38 PM

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Michael A. Colavecchio
If you hire an attorney, something could possibly be worked out that could have this charge dismissed and expunged (removed) from your record.
Answered on Mar 25th, 2014 at 3:29 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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No one can ever force you to plead guilty. That is your choice and your choice alone. You should always plead not guilty at your first court appearance or arraignment or else you forfeit your right to negotiate with the prosecutor. Many jurisdictions offer diversion programs for first offenders that will keep the matter off your public record upon successful completion.
Answered on Mar 25th, 2014 at 3:20 PM

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