QUESTION
Do I need an attorney for a theft charge?
Asked on Oct 28th, 2011 on Criminal Law - New York
More details to this question:
Do I need a lawyer for a petty theft charge of less than $200.00? The theft was of less then $25).
35 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on Jun 02nd, 2013 at 10:39 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 02nd, 2013 at 10:38 PM
Jacob P. Sartz
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. If you cannot afford an attorney, the court may appoint you one at the public’s expense. You are presumed innocent until proven guilty beyond a reasonable doubt. Only if a person is ultimately convicted or if they plead guilty will they be sentenced. In Michigan, the maximum penalties for a retail fraud, third, usually charged in alleged shop-lifting cases for merchandise with a value under $200.00, is 93 days in jail, probation up to two years, a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine. MCL 750.356d. Please note, however, that these are the maximum possible penalties. Judges in Michigan misdemeanor cases have a wide latitude with their sentences up to the maximum pursuant to the applicable statute. Policies and practices vary widely depending on the judge and county. An arraigning judge usually advises a defendant of their maximum possible penalties pursuant to the law.
Answered on Nov 04th, 2011 at 10:41 AM
Whether to hire an attorney is entirely your decision-you have an absolute right to represent yourself. A lawyer, of course, will be much more familiar with the process and procedure, and will ensure you don't fall into any traps.
Answered on Nov 01st, 2011 at 10:29 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't say anything about your criminal record and whether or not you have one. The theft for which you have been charged is a "gross misdemeanor", punishable by a maximum of 1 year in jail and a $5,000.00 fine. There is no mandatory jail time, which means the judge can decide whether or not to impose any. You may get by with only a fine; but consider the other consequences of a theft conviction: loss of job, inability to get a job, rejection from many colleges (if you plan to go), also disqualification from many scholarships, student loans and grants. Do not minimize the crime by saying the item you took "was less than $25.00". The charge is serious.
Answered on Oct 31st, 2011 at 7:35 PM
Since it is still possible that you could be convicted of a misdemeanor crime, it is recommended that you do hire an attorney to represent you in court, especially to help reach a plea agreement that can keep you out of jail and keep the conviction off your criminal record.
Answered on Oct 31st, 2011 at 3:47 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Should you wish to explore defenses and perhaps even a plea which keeps this matter off your record, then yes you should have an attorney. If you do not, then you can plead guilty without an attorney. I hope that this was helpful.
Answered on Oct 31st, 2011 at 3:41 PM
Geoffrey MacLaren Yaryan
As long as you have no prior theft, charges you will receive a fine, and likely it will be reduced to an infraction - like a traffic ticket. Probably don't need an attorney.
Answered on Oct 31st, 2011 at 3:23 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You should have a lawyer. Because it was under $50, it is a class C misdemeanor but it is a crime of moral turpitude so you want to get a deferred disposition if possible.
Answered on Oct 31st, 2011 at 3:04 PM
If you do not care if you have a petty thief charge on your record then you can handle the DA and Judge without an attorney. If you want to have a chance of the charge reduced or dismissed then hire an attorney or use the Public Defender.
Answered on Oct 31st, 2011 at 2:35 PM
Yes. I would very strongly advise you to consult with an attorney. A conviction on your record for this charge could have devastating effects for you in the future, and an attorney can help you to avoid the conviction.
Answered on Oct 31st, 2011 at 1:57 PM
James Albert Bordonaro
The court will make an inquiry as to whether you knowingly give up your right to an attorney. The court will not appoint a lawyer unless you're facing jail time and the judge can make a finding in the beginning of the case that he's not going to do that. The theft may be diverted if you've not run out of prior diversions.
Answered on Oct 31st, 2011 at 12:44 PM
If this is your first criminal charge, most counties have diversion programs for such low-level crimes. Completion of a diversion program usually means dismissal of the charges. A good attorney may be able to see to it that you get into such a program and have a clean record.
Answered on Oct 31st, 2011 at 12:01 PM
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That is up to you, but I would strongly encourage you to get one. This would be a formal criminal record that could impact your ability to get a job or get into a school. The record will be publicly available and there are consequences that most people aren't aware of, such as if you are ever called to testify in a trial (if you get in a car accident, are fired from work, or arrested on another crime) the opposing lawyer can tell the jury about the conviction to show that you are "a liar." Theft is considered a "crimen falsi" crime which means that a conviction for it can be used to show that you are dishonest (even if you aren't). Good luck.
Answered on Oct 31st, 2011 at 12:00 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You need a criminal attorney. An attorney can spot weaknesses in the case 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 Oct 31st, 2011 at 11:09 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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NO ONE should ever face a criminal charge without a lawyer or public defender. You don't know how the system works and how they might just screw you over.
Answered on Oct 28th, 2011 at 8:16 PM
Michael J. Breczinski
Yes you need an attorney. The lawyer might be able to work a deal where the conviction does not end up on your record. With few exceptions if you get a record it stays with you for LIFE. How many employers would want to hire a thief.
Answered on Oct 28th, 2011 at 7:37 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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I would recommend hiring an attorney to help mitigate potential consequences, and to potentially get the charged reduced to an infraction or completely dismissed. You want to avoid a misdemeanor conviction if possible. A fee for an attornet on a first offense petty theft should be reasonable.
Answered on Oct 28th, 2011 at 7:05 PM
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Absolutely. If you get convicted it's a crime against moral turpitude that could bar you from ever getting a good job.
Answered on Oct 28th, 2011 at 6:33 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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If you feel confident that you can negotiate a dismissal of the charges in exchange for community service, etc. (to protect your record for future school/job/military potential), then do not hire a professional to represent you. Save your money for restitution, fines, court costs, etc.
Answered on Oct 28th, 2011 at 5:59 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If you are interested in avoiding a criminal record from the charge, it is a great idea.
Answered on Oct 28th, 2011 at 5:49 PM
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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Sorry, but you probably do. It's a minor amount involved in the theft, but the action of stealing is serious enough to constitute a crime with up to a year in jail. Without priors I do not believe it is ever regular to serve that length of jail, but nevertheless if you can afford an attorney it is one of those things worth spending money on (typically you're looking in the 1200-3000 range for an attorney is my understanding of the market in the King-Pierce county area.
Answered on Oct 28th, 2011 at 5:48 PM
Depending on where the theft occurred will depend on what the charge is. It is possible that you could be charged with larceny in a building which is a felony despite the amount involved. An attorney is there to protect your rights and answer your questions. Since the people are represented by the prosecuting attorney, an attorney on your side could be helpful.
Answered on Oct 28th, 2011 at 5:48 PM
Yes! An attorney can get you through this with an alternative sentence and dismissal.
Answered on Oct 28th, 2011 at 5:46 PM
Criminal Defense Attorney serving Santa Ana, CA
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Law Offices of Paula Drake
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I suggest you get an attorney; if you cannot afford one, apply for the public defender. If this is a first offense, often something can be worked out in a case like this. Do not walk in yourself and plead guilty to the charge. You may be able to get a reduction to an infraction or a deal or program that will lead to a dismissal of the charge altogether.
Answered on Oct 28th, 2011 at 5:46 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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You absolutely need to hire an attorney to represent you on a theft charge. A theft conviction can have devastating consequences to your future including disqualifying your from current or future employment opportunities and the loss or denial of professional licenses. As such, you have to do everything possible to avoid a theft conviction and your best chance of doing that is hiring an experienced criminal defense attorney to represent you. The lower the amount of theft the better but don't confuse that with not needing an attorney. I hope this answer was helpful. Good luck.
Answered on Oct 28th, 2011 at 5:04 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It's not really necessary, but it's not a bad idea. If nothing else, it gives you peace of mind that someone who is trained and experienced is handling your case. If you have no priors, you may be eligible for a diversion program which could keep the matter off of your public record. You do need to at least consult with a lawyer and have him review the police report before agreeing to plead to anything as there may be problems with the case which could lead to a dismissal.
Answered on Oct 28th, 2011 at 4:55 PM
Gary Moore
If you are convicted for theft you will unable to get a job at CVS or McDonald's, not to mention working for a bank. You need a lawyer to avoid a theft conviction.
Answered on Oct 28th, 2011 at 4:43 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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If you're accused of misdemeanor, it's always best to have an attorney represent you. You may have defenses that you're not aware of. Even if the DA can prove that you're guilty of the crime alleged, an experienced criminal defense attorney can help minimize the punishment and may be able to help negotiate a reduced or dismissed charge.
Answered on Oct 28th, 2011 at 4:42 PM
Assault Attorney serving Richardson, TX
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Yes you do. This can destroy your credit permanently.
Answered on Oct 28th, 2011 at 4:36 PM
Probate Attorney serving East Hartford, CT
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Leone, Throwe, Teller & Nagle
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Yes. Even a "petty theft" charge (in Connecticut known as larceny 6th degree) is still a criminal offense which carries a potential jail sentence of 90 days and could result in a lifetime criminal record. Consult an attorney before going to court if at all possible, and do not discuss the case with anyone until you have done so. If you cannot afford counsel, apply to the public defender.
Answered on Oct 28th, 2011 at 4:31 PM
Daniel Kieth Martin
It is almost always best to retain a private attorney. Private attorneys have more time to work on your case and usually the have a proven track record of obtaining results for their clients or they would not be in private practice.
Answered on Oct 28th, 2011 at 4:30 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Although theft of under $50 can be an infraction, typically the DA will charge the misdemeanor petty theft. If so, you're looking at a theft offense that carries potential jail time, probation, fines and will stay on your criminal record indefinitely if you're convicted. You want to try and avoid a conviction if at all possible. That's where an attorney comes into play. Don't be shortsighted. You could be making decisions that can be very difficult, if not impossible, to undo and can have tremendous impact on your life.
Answered on Oct 28th, 2011 at 4:15 PM
Theft, no matter how little, is a crime of moral turpitude, and if you have it you can forget about obtaining any kind of meaningful employment for the next decade of your life. So yes you most certainly need an attorney to try and get you off.
Answered on Oct 28th, 2011 at 4:14 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Yes. You are charged with a crime. Getting convicted of it will stay on your record for life.
Answered on Oct 28th, 2011 at 4:14 PM