QUESTION
Is there a way that I can just pay and not appear in court for a $20 petty theft charge?
Asked on Aug 25th, 2012 on Criminal Law - Michigan
25 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on May 24th, 2013 at 2:00 AM
Steven D. Dunnings
NO.
Answered on May 22nd, 2013 at 9:52 PM
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 9:51 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you hire a lawyer to represent you.
Answered on Sep 05th, 2012 at 10:12 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Not if they've already set an arraignment date.
Answered on Sep 05th, 2012 at 8:35 PM
Unless the petty theft charge was initiated by means of a citation (ticket), most courts will require a personal appearance to address the charge. Since petty theft is a misdemeanor with a maximum penalty up to 6 months in jail and $1,000 fine, the court will not necessarily impose only a fine.
Answered on Aug 30th, 2012 at 12:35 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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No. If you were issued a ticket or notice to appear by the police, you must appear in court on the date stated in the ticket. If you do not appear in court, the judge will more than likely issue a bench warrant for your arrest.
Answered on Aug 30th, 2012 at 9:46 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You can try to offer restitution to the victim and see if the victim will try to withdraw the charges.
Answered on Aug 30th, 2012 at 8:44 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No. It isn't a traffic ticket for an infraction, but a crime with potential jail time. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Aug 30th, 2012 at 8:11 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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No. If you have a summons to appear in court, you must do so or a warrant will issue for your arrest. You may not think the petty theft is a big deal, and your probably right that it isn't. However, a conviction on your record (CORI) is a big deal. It can interfere with all sorts of things over the course of your life. Things such as licenses, financial aid, some forms of housing, working with children, working at all, are all things that will be adversely effected by a CORI entry. Do yourself a favor and get a lawyer. I assure you that you will not regret doing everything that you can now, but I can also assure you that you WILL regret it later if you do not do all that you can now to avoid a bad outcome.
Answered on Aug 29th, 2012 at 11:32 PM
Do not do this. Paying off any ticket or citation makes it a conviction on your record. A theft case is a crime of moral turpitude. If you get a theft conviction it will ruin your reputation for the rest of your life. This means that it will follow you around for the rest of your life. If you get into a car accident and are owed millions of dollars a theft conviction can be used to question your credibility. Whatever you do, do not just pay a theft citation. If you do not want to hire a lawyer try to negotiate for deferred adjudication. Then, complete the terms of deferred adjudication and hire a lawyer (two years after your offense date) to get an expunction. This will keep your record clean.
Answered on Aug 29th, 2012 at 11:26 PM
Family Law Attorney serving El Cajon, CA
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Law Offices of Sheryl S. Graf
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Petty theft is typically charged as a misdemeanor (unless you have a prior theft conviction - the petty theft could then be charged as a felony). Because there is the potential of jail time, you must appear in court on the date set for you to be there.
Answered on Aug 29th, 2012 at 10:13 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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If you do not appear they will issue a warrant for your arrest.
Answered on Aug 29th, 2012 at 10:05 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you have been charged criminally, you MUST appear. "Petty theft" is a crime, punishable by up to one year in jail and a $5000.00 fine. The amount you may have stolen is immaterial. You don't simply pay and the case goes away. If you do not appear for court, a warrant will be issued for you arrest.
Answered on Aug 29th, 2012 at 9:02 PM
No way. And you shouldn't treat it so lightly. Petty theft is a crime of moral turpitude, and if you have it on your record you can say goodbye to any meaningful employment opportunities for the next decade of your life. You should hire a lawyer to get it dropped, or else you will regret for a very long time.
Answered on Aug 29th, 2012 at 2:46 PM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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If it was charged as a violation of a city ordinance then you need not appear and simply pay the fine. However if you were criminally charged, your appearance is mandatory.
Answered on Aug 29th, 2012 at 2:46 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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If you hire an attorney they can appear for you and take care of it.
Answered on Aug 29th, 2012 at 2:23 PM
Michael J. Breczinski
No not usually and why would you want to plead to such a thing. A theft conviction does no good to your chances of getting a job. Who wants to hire a thief?
Answered on Aug 29th, 2012 at 12:40 PM
I would imagine that you will have to appear in court. You can call the court clerk to see if the fine has been set and if you can pay it out of court without having to appear. However, I strongly advise that instead of pleading guilty and paying the fine, you should hire an attorney to represent you so you can keep this off your permanent record. It may seem like nothing now, but it will prevent you from getting a job, obtaining credit, renting an apartment, etc. in the future if your criminal background check shows a conviction for theft.
Answered on Aug 29th, 2012 at 12:33 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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No because a petty theft is a misdemeanor not an infraction.
Answered on Aug 29th, 2012 at 12:29 PM
3 Awards
Unlikely, but if you call the prosecutor, maybe.
Answered on Aug 28th, 2012 at 10:01 PM
Gary Moore
No. Secondly, that $20.00 theft will cost you countless employment opportunities. You need to wake up and take the charge seriously. Hire an attorney to protect your livelihood.
Answered on Aug 28th, 2012 at 9:43 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No. Your attendance is mandatory. Having an attorney can make a difference if you live out of state, but not guaranteed.
Answered on Aug 28th, 2012 at 10:58 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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No. Your failure to appear will result in a bench warrant being issued for our arrest for failing to appear.
Answered on Aug 28th, 2012 at 10:55 AM