QUESTION
What happens after being charged of Class C misdemeanor Theft?
Asked on Feb 18th, 2014 on Criminal Law - Missouri
More details to this question:
The amount charged with stealing was roughly $45. Two others and I were stopped and asked to return items then asked a series of questions about who we were, did we do it and it was obvious we did although the first the dumb card was played. I changed my mind and decided to just be honest and we all cooperated. Only me and the other guy were cited with a class c misdemeanor by the officer. They called the store, said to expect something in the mail from lawyers about the theft and payment for their lawyer’s services. We will pay a $45 fine by the officer each and that is fine. We all cooperated but I did not feel comfortable giving my social so I did not. I am unsure whether we need to hire a lawyer to defend me and the other guy since we are guilty and yes we regret our obviously stupid decision but I have no desire to have a record of theft nor does he. I think poorly of my decision but that is irrelevant. Stealing is still stealing whatever the reason. I have no idea what to expect in fines or if we will face jail time. We have never stolen before. I do not know who I can call for a defense lawyer or anything really. I feel lost and regretful and any helpful information would be nice. I have a hard time finding help on the internet since I am computer retarded so I've turned here I just want to avoid a bad record and any jail time. I'm poor as heck so I am at a complete loss. I need a fairly detailed answer of all I should do and expect for the both of us. Thank you. I hate that my bad decision has me asking for help because I honestly feel like I don't deserve to live on this planet anymore.
4 ANSWERS
Michael J. Breczinski
Plead NOT guilty. Get a lawyer. See if that person can work out a deal where you end up with NO criminal record. This is huge since what employer wants to hire a thief.
Answered on Mar 04th, 2014 at 3:26 PM
Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Feb 28th, 2014 at 7:09 PM
Thomas Edward Gates
As a first offense you will not see any jail time. As a minimum, you will have to do community service, pay a fine and pay restitution. If there is a diversion program take it. Otherwise, you will have a criminal record, which you can expunge after your probation.
Answered on Feb 28th, 2014 at 6:47 PM
You should hire a lawyer to represent you for the criminal case. An experienced lawyer can get your theft charge dismissed or amended to a lesser offense, such as Littering. The civil demand letter that the store will be sending you is separate from the criminal case. Paying the civil demand will have no effect on the outcome of the criminal case. At this point, you don't owe the store anything. They would have to sue you in civil court and win a judgment against you, and then collect on that judgment by garnishing your pay check or bank account (if they know where you work or if they know your bank account #). It's highly unlikely that the store will actually sue you since it would cost them a lot more than $45 to hire an attorney to handle the case for them. Most stores send out these civil demand letters to thousands of people just on the off-chance that some of the people (who don't know the law) will pay the civil demand amount, even though they don't owe anything.
Answered on Feb 28th, 2014 at 6:43 PM