What can I expect after I am charged with theft?

Question

I recently got a theft of goods charge at a local store. I have nothing on my record the cost of everything was $67.10. I was given a misdemeanor summons. I was wondering what the out look on this will be. Will I have to worry about jail time? I will take care of any fines I am given. Will I have to take a drug test when I am summoned? Will this go on my record?

Jacob P. Sartz · Answer

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, 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. 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.

Kevin O'Grady · Answer

In order to determine what the possibilities are, you need to hire an attorney and go over the specifics as well as have him conduct an investigation and review of the government's records.

Michael Nack · Answer

I would advise you to hire an attorney to represent you in this case. An attorney may be able to help you avoid a conviction being entered upon your  record. In the meantime, if this is your first offense, and depending upon  the  location of the court, you should not have to worry about jail time.

Jared Austin · Answer

If this is your first offense, jail is unlikely. You can keep the matter off your record via a diversion program which means that as long as you successfully complete community service and other requirements, it will not appear on your public record. There can be some civil penalties up to $200 and some court costs. Probation would be the worst of all possible outcomes. If it makes you feel better, retain an experienced criminal lawyer.

Stephen Freeborn · Answer

You are being charged with what is called simple theft or theft 4th degree, also commonly known as shoplift.  This is a gross misdemeanor, punishable by a maximum of 1 year in jail and a $5,000.00 fine.   There is no mandatory minimum jail time.  How much time you serve, if any, and how much of a fine the court imposes, depends in large part on your criminal history.  It sounds like this may be your first time.  I would strongly encourage you hiring an attorney, because a conviction carries with it some more far reaching implications.. Example:  if you are planning on going to college, a conviction may disqualify you from certain colleges.  It may also disqualify you from receiving certain scholarships, loans, grants, financial aid.  A conviction may also disqualify you from certain jobs, or result in your getting fired from the job you have, especially if that job requires you to handle money, for example, working in a bank, working as a store clerk, or even working at a fast food restaurant.   Consult with an attorney.  He/she may be able to help you and prevent a conviction from becoming a part of your record.

Paul J. Wallin · Answer

This is considered by the law a crime of "moral turpitude". You want to do all you can to avoid this conviction from ending up on your criminal record. IT will impact your ability to obtain employment in the future. You should retain an experienced criminal defense firm like our firm who have lawyers who know the criminal court system very well and can do all they can to work with you to have the criminal charge not end up on your record.

Geoffrey MacLaren Yaryan · Answer

You will not be given a drug test when you go to court. The case may be   reduced to an infraction. The most likely penalty will be a fine. But you  should  know a 2nd theft charged can be filed as a felony.

Eric Sterkenburg · Answer

This sounds like a shop lifting case. You should expect this to be a misdemeanor case with a max one year in county jail. However, in first offence cases you should get three years summary probation. You should not have any drug testing for this. And it will go on your record.

Seth Bloom · Answer

Theft under $500 in Louisiana carries potential penalties of jail time of up to 6 months and fines of up to $1,000.  Drug tests may become an issue if you are required to submit to probation and avoiding illegal activity is one of the terms of that probation.  You should consider hiring an experienced local criminal defense attorney who will be able to work with you to try to have the charges and/or sentence reduced and will also work to make sure that you can have the charges expunged from your record in the future.

Andrew Subin · Answer

Probably on jail time, maybe community service. There may be a way to resolve it without it going on your record.  This will depend on what store you stole from and what they want to do about it. No drug test unless you are placed on probation.

Roianne Houlton Conner · Answer

You will probably be fined and required to pay Court Cost.

Gregory Casale · Answer

If you have no previous record and this is a first offense for Larceny Under $250, which is a misdemeanor, then your punishment should be no more harsh than probation and restitution. You may have conditions of probation such as monthly meetings with your probation officer, some type of class, random drug screens to ensure you remain drug and possibly alcohol free. You should not be a candidate for jail.

Cynthia Henley · Answer

$50 or less is a class C misdemeanor (same level as a traffic ticket - fine only)while over $50 to $500 is a class B misdemeanor (up to 6 months in jail.)  It is a crime of moral turpitude and will go on your record if it is not handled properly (and is on your record now.) You need to hirea lawyer.  Assuming it is prosecuted as class b& the lawyer can get itreduced to a class C, or it is a class C - then get deferred disposition / deferred prosecutionwhich is a reset during which you do things like community service. Upon return to court if you did the things & did not get in trouble, then the case is dismissed. It can later be expunged off your record.  If they won't reduce a Class B then try for pre-trial diversion which can result in a dismissal & future expunction. If you can get that, then at worse you want deferred adjudication probation (but this will remain on your record - although it can be sealed in the future.)

Jeff Yeh · Answer

Petty theft is a crime of moral turpitude, and yes it is a criminal record. After you have it, say good bye to any kind of good employment opportunities for the next decade. You need to get a lawyer to see if the charge can be reduced to something else.

Michael J. Breczinski · Answer

First of all do not go in and plead guilty. If you do that you will definately have a record. A good attorney might be able to work out a deal so that if you plead guilty then you could end up with no record or conviction if you do whatever the court wants. If you plead guilty off the bat you would lose this possibility and have a crime on your record.   That would not be good if your are looking for a job. Get an attorney.

Craig Elhart · Answer

If this is a first offense and you have an otherwise clean record, you will probably get fines and costs and a period of probabion.  Depending on the underlying facts, there may be terms and conditions placed on that probation.  Jail time would be unlikely on a first offense.  Once there is a conviction it will be part of your permanent record.

Terry Nelson · Answer

Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing.  When charged with a misdemeanor, you potentially face up to 6-12 months in jail.  The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc.  However, a first time offense for small amount probably will not draw jail time.  The arrest is already on your record.  Any conviction will appear there as well.  What can you do?  Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, depending upon all the facts.  If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial.

Timothy Klisz · Answer

All is possible under your facts. Your best bet is to hire a local experienced defense attorney and minimize your risks and hopefully avoid a record.

Jared Altman · Answer

You will probably be offered the opportunity to plead to a reduced charge or the case may even be adjourned for a year and then dismissed if you don't get re-arrested for anything. You may also be required to write an essay or perform community service.

Marc B. Geller · Answer

It's unlikely that you will face custody or drug testing.

Thomas Tomko · Answer

In Michigan, the likely charge in the case you describe is Retail Fraud 3rd. This is a 93 day misdemeanor. If you are found guilty or you plead guilty, it will go on your record unless there is some arrangement made. In many cases, arrangements can be made to keep the matter off your record unless there are some unusual circumstances or you have an extensive criminal history. If in Macomb Oakland or Wayne Counties, you can contact this office to dicuss your case.  I hope that this was helpful.

Harley Gutin · Answer

Depending on your record a Misdemeanor Theft charge could be resolved with a fine, theft class and or probation along with court costs.  I doubt that the State would be seeking jail time unless there was a prior record.

Michael Morgan · Answer

In my experience, most judges will not order a jail sentence based on these facts. It is also unlikely you will be given a drug test when you appear for court. There are avenues that can be pursued to try to keep this off your recordbut a conviction will go on your record and lots of employers don't like hiring someone a theft conviction which is why you probably should get a public defender or hire a lawyer.

Michael Maltby · Answer

If they have a good case, you are probably looking at no jail, a fine, probation and you will probably not have a criminal record. T his is what happens in the majority of jurisdictions but not all. Also, there may be other options. I suggest hiring or applying for an attorney. And I do not think you will be given a drug test.

Loren M. Dickstein · Answer

Every case is different and you have not provided enough facts to give you a reliable answer. The best thing you can do is hire a good Michigan Criminal Defense Attorney.

Gary Moore · Answer

If you are found guilty it will go on your record. It is important to hire an attorney to avoid a conviction for theft which will make you ineligible for many jobs.

Michael Palumbo · Answer

I was wondering what the out look on this will be. Cannot be answered without knowing all the facts and surrounding circumstances.  Will I have to worry about jail time? Yes  Will I have to take a drug test when I am summoned? Not that I am aware of  Will this go on my record? If convicted, yes. That is why you need an attorney to represent you to ensure this does not happen.

Joseph Dane · Answer

Yes, a theft case will be on your record if you're convicted. Jail is always a possibility, but unlikely on a first offense and for such a low dollar amount. Rather than worry about fines and jail, focus on finding a good local criminal defense attorney - one that routinely practices in the court where your case will be heard. They may be able to work something out to avoid a theft conviction in the first place. Keeping a theft case off your record is huge - with a theft background, jobs in retail or where you have access to money or merchandise are going to be difficult, if not impossible to get. It can also hamper other jobs if they ask you to disclose any prior convictions. Focus on getting a lawyer.

Eric Schurman · Answer

You should definitely hire an attorney.  Although jail time may be  unlikely, the impact of a theft conviction can be significant  (employment, etc.).  An attorney will give you the best chance to avoid  a conviction.

Maureen Baldwin · Answer

The result depends on what county you were arrested in. some counties in CA have petty theft diversion. Other counties do not. If you go in and plead guilty, it will go on your record as a misdemeanor petty theft and you will pay hundreds of $ in fines. The amount is close to the cutoff for infractions so I would suggest you do not plead guilty at your arraignment w/o talking to attys about your options in your county.

Robert Watkins · Answer

First time offenders with no record creates a variety of potential dispositions. None of which should include going to jail. Much will depend on the police department handling the case and which court you are in.

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