QUESTION

My twenty year old son was caught stealing alcohol from a Walmart store with a friend. The cost was $25.00. He is charged misdemeanor. What we do?

Asked on Feb 24th, 2012 on Criminal Law - Indiana
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Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Shoplifting laws and penalties vary from state to state. Indiana, where your son is charged, treats shoplifting seriously. Stealing property with a value of less than $250.00 can be charged as Criminal Conversion,  a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $5,000.  While it may be unlikely your son would be sentenced to jail absent aggravating circumstances, a conviction will result in a criminal record, which can have long-term negative effects. Even a misdemeanor record can, for example, interfere with the ability to secure employment or rent an apartment. (While Indiana passed a law in 2011 permitting those convicted of certain non-violent misdemeanor and low level felony offenses to apply for an order restricting access to their conviction information to law enforcement, the person must wait 8 years after sentencing before applying.  Here is an explanation of the Housing Enrolled Act (HEA) 1211). Before pleading guilty, I recommend your son consult with an experienced criminal defense attorney in the county in which he is charged, who can advise him  whether he has a viable defense to the charge, and if not, the likelihood of  successfully negotiating with the prosecutor to accept your son for placement in the pre-trial diversion program. Under this program in Indiana, your son would be put on informal probation for a year. During this time,he must not commit another offense and must comply with all program requirements, which may include classes, counseling, and/or community service. If your son is in compliance at the end of the term,  the conversion charge will be dismissed and he will not have a record of conviction. Jeralyn Merritt, Ask a Lawyer Panelist since 1998
Answered on Feb 25th, 2012 at 6:29 PM

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