QUESTION

If I'm 16 and got caught shoplifting, what's going to happen?

Asked on Mar 19th, 2014 on Criminal Law - California
More details to this question:
I got caught shop lifting. I'm a minor and I want to know if the school will get involved or not and also what will happen? What can I do to not spend time behind bars?
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4 ANSWERS

Michael J. Breczinski
Juvenile hall, counseling, probation etc.? Also you should not steal. You are incompetent at it. Good thieves NEVER get caught. If you get a criminal record as a thief then you will have a hard time getting employment. What employer wants to hire a thief?
Answered on Mar 20th, 2014 at 10:40 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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First of all, at 16, the court does not have to consider you a "minor". You can be cited into adult court. Shoplift is punishable by a maximum sentence of one year in jail and a $5,000.00 fine. Whether or not you do jail time, is ultimately up to the judge. However, even if you don't do jail time, you can still have a conviction on your record. If this happens, you will have to disclose your conviction on all job applications. How many potential employers want to hire someone who steals!!!! In addition, lots of colleges, in their application process, are also asking about criminal convictions. Additionally, if you have a criminal conviction you may be disqualified from obtaining federal loans and grants for college. As you can see, shoplift is a very stupid crime with very far reaching and long term implications. My advice: retain an attorney who may be able to help you from getting a conviction on your record. Another piece of advice: You are not a kid any more. You can do anything you want with your life..... good or bad... as long as you are willing to accept the consequences that result from the decisions you make. Try thinking about the consequences BEFORE you act, rather than after, because by then, more often than not, it is too late.
Answered on Mar 19th, 2014 at 3:08 PM

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Thomas Edward Gates
You will not spend time behind bars, but you will have a criminal record. You can expect to be sentenced to attend a consumer awareness class, do community service, pay a fine, pay restitution, stay away from the store, have no further criminal violations and be on probation for one year. You will also have to pay a civil fine. If there is a diversion program take it.
Answered on Mar 19th, 2014 at 2:58 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 years summary probation, a fine, community service, theft classes, and restitution to the victim. However, juveniles are treated differently. A juvenile court matter comes to the court's attention when the police apprehend a minor for violating a statute or a school official, parent, or guardian refers a problem with a juvenile to the court. The court intake officer then evaluates the case to determine whether further action is necessary, whether the child should be referred to a social service agency, or whether the case should be formally heard in juvenile court. If the situation is serious enough, the juvenile may be detained in a juvenile correction facility pending resolution of the matter or he or she may be sent to an alternative placement facility such as a shelter, group home, or foster home. If the intake officer decides that a formal hearing in juvenile court is not necessary, arrangements may be made for assistance for the child from school counselors, mental health services, or other youth service agencies. If the intake officer decides that the case should be heard in juvenile court, a petition is filed with the court setting forth the statutes that the child is alleged to have violated. In cases of serious offenses such as rape and murder, the matter may be referred to the district or county attorney's office, after which the juvenile may be charged as an adult, tried in the criminal courts, and even sentenced to an adult correctional facility. If the matter proceeds to juvenile court and the child admits to the allegations in the petition, a treatment program is ordered. If the child denies the allegations in the petition, a hearing like an adult criminal trial is held. The child has the right to be represented by counsel at this hearing. Rather than trying the case to a jury, however, a judge hears the matter and decides whether the juvenile has committed the acts alleged in the petition. If the allegations have not been proven to the court's satisfaction, the judge will dismiss the case. If the judge decides that the allegations have been proven, he or she may rule that the child is a status offender or a delinquent. A second juvenile court hearing is then held to determine the disposition of the matter. If the juvenile is not considered to be dangerous to others, he or she may be put on probation. While on probation, the juvenile must follow the rules established by the court and report regularly to his or her probation officer. Serious offenders, however, may be sent to a juvenile correction facility. Other treatment options include community treatment, like making restitution to the victim or performing community service; residential treatment, in which a juvenile is sent to a group home or work camp, with a focus on rehabilitation; and nonresidential community treatment, in which the juvenile continues to live at home but is provided with services from mental health clinics and other social service agencies. Bottom line, you will not go to jail or prison.
Answered on Mar 19th, 2014 at 2:49 PM

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