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I was caught shoplifting at a Barnes and Noble. The total was $160 dollars. I have a court date, and want to know what i should expect in terms of punishment. I'm 19 and have no previous offenses
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Personal Injury Attorney serving Las Vegas, NV
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Boley & Aldabbagh Ltd.
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You could be convicted of larceny, a misdemeanor, and be forced to pay a fine and/or do community service, pay restitution to the store, attend classes, etc. You should speak to an attorney, who may be able to help you avoid a conviction.
Answered on Mar 19th, 2017 at 5:52 AM
Anthony Lowenstein
It depends on several factors.
Answered on Aug 04th, 2011 at 9:54 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Shop lifting is a gross misdemeanor, punishable by a maximum of 1 year in jail and a $5,000.00 fine. How much the judge imposes will depend in large part upon your criminal history. If this is your first offense, there probably will be no jail time. If you have had multiple offenses, then expect to do some jail time.
Answered on Jul 30th, 2011 at 9:37 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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The punishment for a 1st offense shoplifting charge is a fine. There is no jail time under the statute. However, the punishment is only part of the problem. The more important issue is having a criminal record. If you can afford it, you should hire a criminal defense attorney. I know it is a lot of money to hire an attorney, not just for a 19 year old, but for anyone. But if you possibly can, you should. With clients like yourself, young and no previous record (CORI) I try to do everything possible to keep you from getting a conviction on your record, even if it is only a fine. Somewhere down the road you will apply for a job or financial aid, or some sort of license and they will ask, "Have you ever been convicted of a crime?" You really want to be able to answer NO to that question. Your criminal history stays with you for life and even the smallest blemish can have consequences far beyond the fine that the court may impose. Even if you were caught red handed there are still many things a lawyer can do to avoid a conviction. If you want to discuss this in more detail, there is not fee for the telephone consultation. If you cannot afford an attorney, you may quality for a court appointed attorney. Some of these attorneys are very good. Others are not. If you can afford your own lawyer, hire one. If not, at least see if you qualify for a court appointed lawyer.
Answered on Jul 30th, 2011 at 7:21 AM
Rudolph F. X. Migliore
Depending on the county where this took place, different prosecutors have various policies regarding shoplifting. In Suffolk county, it is common for somebody in your situation to be offered to attend the stop-lift program and then be granted an adjournment on contemplation of dismissal. You may also find that the district attorney may require that you perform some community service hours prior to offering you a plea bargain. You will also be contacted by a collection agency demanding 3x the value of the item as compensation for the act. These collection agencies are vary aggressive and intimidating. However, they are often out of state and only make a limited effort toward collecting on the case.
Answered on Jul 30th, 2011 at 7:18 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The typical offer for a first offense is an adjournment and eventual dismissal after one year as long as you're not re-arrested on new charges. You may have go do an essay or community service. Except the dollar value of the goods is a little high, so the prosecutor may take a harder line.
Answered on Jul 29th, 2011 at 3:39 PM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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I would suggest you agree to pay any fines and the outstanding money you owe for the item the court may dismiss the charge. If the court is inclined not to dismiss, ask the court to continue your case without a finding of guilt for 6 months. What this means is that if you do not get into any further trouble the matter will be dismissed after the expiration of the six months. However, again this will involve court costs that the Judge will explain to you.
Answered on Jul 29th, 2011 at 3:13 PM
Criminal Defense Attorney serving Seattle, WA
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Eric Schurman Attorney at Law
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Get a lawyer to represent you. You may very well avoid a conviction.
Answered on Jul 29th, 2011 at 2:32 PM
Michael J. Breczinski
Up to 93 days in jail, a fine or probation or a combination of all three. If you get a lawyer he might be able to get it so you have no record.
Answered on Jul 29th, 2011 at 1:55 PM
The range of punishment would depend upon exactly what offense you have been charged with and where the case is pending. If, as I suspect, your case is in a Municipal Court, the Judge might fine you up to $1000, but in most cases the fine is less. More importantly, you need to hire an attorney to represent you and to help you avoid taking a conviction on your record. You may have no idea how taking a conviction will hurt you in a variety of ways later in your life.
Answered on Jul 29th, 2011 at 12:52 PM
Hello- Maximum one year. For a first offense likely probation.
Answered on Jul 29th, 2011 at 11:46 AM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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It depends on the jurisdiction (the court for where the crime occurred) but generally you should expect a resolution that does not leave you with a conviction on your record. I would expect a fine and not jail. A compromise of misdemeanor may also be possible. Any competent defense attorney can help you with this.
Answered on Jul 29th, 2011 at 10:48 AM
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You should ask for a "diversion program" and you will avoid having a record. Probably have to take a class and pay restitution, etc.
Answered on Jul 29th, 2011 at 10:48 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You need to hire a lawyer. You might be able to get a pretrial diversion which will help keep the case from becoming a conviction and will allow for your record to be expunged in the future. At worst, you will get a deferred adjudication probation if the case is handled correctly. The charge is a Class B misdemeanor & carries up to a $2,000 fine and up to 6 months in jail as the possible punishment.
Answered on Jul 29th, 2011 at 9:13 AM
A Theft 3 carries a maximum penalty of 1 year in jail and a $5000 fine. You should probably consult with an attorney.
Answered on Jul 29th, 2011 at 8:31 AM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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You may be eligible for a compromise of misdemeanor which would result in a dismissal but the maximum punishment is 365 days in jail and a $5,000 fine.
Answered on Jul 29th, 2011 at 8:30 AM
It depends on the DA office's policy. You may qualify for a first offender's program. I would recommend hiring an attorney.
Answered on Jun 14th, 2011 at 8:59 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Petit Larceny, up to 1 year in jail.
Answered on May 09th, 2011 at 3:59 PM
You can expect to pay a fine, three years summery probation, and paying back the store for the items plus the cost to them for taking you to court. This will go on your record as petty theft and will affect you on your future arrests. A good attorney is needed to make this non life changing.
Answered on Apr 24th, 2011 at 6:02 PM
Samuel H. Harrison
Misdemeanor charge. Maximum possible sentence is $1,000 fine and 12 months in jail. At your age and with no priors, you may get lucky and be offered a diversion program of some sort that will keep you from having a theft offense on your record if you complete the program.
Answered on Apr 24th, 2011 at 6:02 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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It all depends on how good of a lawyer you have.
Answered on Apr 24th, 2011 at 6:01 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It all depends on the state and even the town. There is a lot of discretion given to the police as to how to charge an offense. What is the level of the offense, misdemeanor A or B? Generally speaking in the towns I deal with, most shoplifting will be a fine and stay out of store type of penalty.
Answered on Apr 24th, 2011 at 6:00 PM
Criminal Law Attorney serving Chicago, IL
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Law Offices of Steven R. Decker
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At worst you should receive supervision and a small fine and 2 years after the supervision is terminated you can petition for return of your arrest records. However, you may be eligible for theft deterrent school which would erase the arrest record within months.
Answered on Apr 24th, 2011 at 5:59 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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For theft under $300 in Louisiana the penalties are: -Jail time of up to 6 months -Fines of up to $1000 Given your status as a minor and clean record, you may be able to negotiate reduced charges and/or sentences. This is something you should consider hiring an attorney to help you with.
If you decide to pursue legal representation in this matter, we invite you to contact our firm at the information on this page for a free case evaluation to determine whether or not we would be able to assist you.
Answered on Apr 24th, 2011 at 5:58 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for yoru inquiry. Shoplifting is called "Retail Fraud" in Michigan. At the level you suggest, it is retail Fraud 3rd. This is a 93-day misdemeanor. At age 19, you have available to you the possiblity of a HYTA plea. This would effectively keep this matter off your public record should you make a plea. Many persons find that this meets many of their goals when trying to resolve their case. If your case is in the Detroit Metro Area (Wayne, Oakland or Macomb), I would welcome an opportunity to discuss your case should you be seeking an attorney to represent you. You may contact me to arrange a date and time to meet.
Answered on Apr 22nd, 2011 at 5:23 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Depends upon whether it is a felony or misdemeanor. When charged with a felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail on each count. Multiple counts and charges just make your situation worse, of course. The outcome if handled right is more likely to be fines and probation. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me.
Answered on Apr 22nd, 2011 at 5:10 PM
Criminal Defense Attorney serving Birmingham, MI
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Daniel J. Larin, P.C.
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There is very little chance that you will end up in jail. You will end up on some type of probation where you will be required to participate in a class or possibly counseling. Because of your age, you may avoid a criminal record if the matter gets taken under advisement. You need to consult with a lawyer.
Answered on Apr 22nd, 2011 at 5:09 PM
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Misdemeanor shoplifting can lead to 12 months of probation or jail and a $1000 fine. In practice it will be less, far less, but at your age you need to try and see if some disposition can be had other than conviction. A guilty plea for theft can hurt you down the road.
Answered on Apr 22nd, 2011 at 4:56 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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A first time petty theft conviction is punishable by up to 6 months in county jail and/or a maximum $1000 fine. However, the real issue with a first time shoplifting offense isn't so much with the punishment, but rather, with the future consequences of a conviction. Given the fact that you are 19 years old. a petty theft conviction can be devastating. It can disqualify you from future employment opportunities, professional licenses and on and on. So the goal for you, is to do everything possible to avoid a petty theft conviction. That starts with hiring an experienced criminal defense lawyer. This will maximize your chances of avoiding that conviction. I hope this answer was helpful. Good luck.
Answered on Apr 22nd, 2011 at 4:49 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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The punishment is up to 93 days in jail, plus fines and civil damages. The biggest thing is to try and keep it off your criminal record. Please contact me directly to discuss your options.
Answered on Apr 22nd, 2011 at 2:49 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
I depends, if in Omaha, you will likely be charged under the city ordinance which carries 0-6months in jail, $500 fine, both or probation. If you have nothing on your record, there is a good chance you are eligible for a diversionary program.
Answered on Apr 22nd, 2011 at 2:48 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The charge would be Retail Fraud in the 3rd Degree. That is a misdemeanor punishable by up to 93 days in jail, fines up to $500 or three times the value of the items, whichever is greater, or both jail and a fine. If it is your first offense, you may be eligible for a diversion program. Under that, you can avoid having the charge appear on your record as long as you complete the program which usually involves community service, attending classes, etc. I would suggest retaining an experienced criminal lawyer as they be able to spot problems in the police report that could reduce or dismiss the charges. Best of everything.
Answered on Apr 22nd, 2011 at 2:45 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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It depends on how the act is charged. A simple petty theft conviction can be punished with a $1,000 fine or six months in jail. However, if it can be shown an individual entered the store with the intent to commit a crime, they can also be charged with commercial burglary. A commercial burglary conviction can be punished with one year in jail. However, typically an individual without a criminal record would not be sentenced to such a long punishment. Additionally, first offenders have jail alternatives that should be explored as well. Hope that helps.
Answered on Apr 22nd, 2011 at 11:41 AM
Theodore W. Robinson
Since it's your first offense, you can expect your case to be given an ACOD, or an Adjournment in contemplation of Dismissal, as long as you go through the StopLift Program and complete it. Consult with an experienced criminal defense lawyer right away since it could go another way and you could have much harsher things happen to you. Good luck.
Answered on Apr 22nd, 2011 at 11:18 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Unless you are in a terrible jurisdiction you will most likely get a misdemeanor, no time some sort of fine and a restitution order if the store didn't get thebooks back. One major problem if you plead to petty theft and you get busted again this mnew case is now a felony (Petty with a Prior) and if you do it while on probation.
Answered on Apr 22nd, 2011 at 11:07 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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Theft 3 is a gross misdemeanor. Although the maximum penalty is 365 days in jail, if this is your first offense, a good lawyer should be able to get you no jail time, or, at most, a couple of days. Please feel free to contact me if you have any additional questions.
Answered on Apr 22nd, 2011 at 11:03 AM
Kevin Michael Smith
In Connecticut, shoplifting is considered a larceny, and the punishment range depends upon the value of the property stolen. In your case, if the value is $160 you could be charged with Sixth Degree Larceny, a Class C Misdemeanor punishable by up to 3 months in jail and/or up to $500 in fines. If you have no prior criminal record, you are likely to be eligible for a pretrial diversionary program known as Accelerated Rehabilitation which, if successfully completed, entitles you to a dismissal of the charges. I have also had experience resolving these cases with some community service, thereby preserving the Accelerated Rehabilitation program for my client while still getting the case dismissed. My clients are generally happy with this because it means that if they need the Accelerated Rehabilitation program in the future for a more serious charge they still have it available to them.
Answered on Apr 22nd, 2011 at 10:36 AM
Criminal Defense Attorney serving Seattle, WA
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Mercado & Hartung, PLLC
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Shoplifting that amount is considered theft in the 3rd degree. Theft in the 3rd degree is a gross misdemeanor which is punishable up to a year in jail and a $5000.00 fine (which is not probable for a first offense). It is possible that you will be asked to pay a fine, complete community service hours, and repay the amount of stolen goods (if items were damaged or not returned), you will also be trespassed from Barnes and Noble. One of the most concerning consequences of a theft charge is the impact it will have on you personally. It can affect your ability to get certain types of jobs. You are very young and it is important to preserve your clean record. An attorney can negotiate resolutions that do not involve a conviction and thus prevent the stigma of a theft charge from impacting the rest of your life. Please feel free to call me, free of charge, to discuss your options.
Answered on Apr 22nd, 2011 at 9:50 AM
The maximum jail sentence for a fist time misdemeanor petty theft offense in California is 6 months in jail. Please keep in mind that the prosecutor's office often files charges for 2nd degree burglary in addition to the petty theft offense on many cases. If you are 19 and have no criminal history, you should certainly consult with a lawyer before going to court so that you are informed of possible alternatives to pleasing guilty to this violation.
Answered on Apr 22nd, 2011 at 9:17 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Petty theft is generally charged as a misdemeanor and can include jail time, probation, and big fines. These cases are often defensible though. What court is your case in? You can call me at 818-336-1384 if you would like to discuss in further detail.
Answered on Apr 22nd, 2011 at 9:12 AM
Hiring an experienced criminal defense attorney in advance of your court date is the best defense you will have.
Answered on Apr 21st, 2011 at 5:49 PM
James Edward Smith
Diversion- Petty Larceny school and community service.
Answered on Apr 21st, 2011 at 5:49 PM
It would depend whether your charged with a municipal stealing charge or a state stealing charge but typically you would be facing a maximum of 1 year in jail. With no priors you should be a good candidate for probation but you should still hire an attorney to help you try to avoid a conviction being placed on your permanent record.
Answered on Apr 21st, 2011 at 5:26 PM
In part, this will depend on the county the act was committed in. If it is in Portland (Multnomah County), there is a chance you could be eligible for "Community Court," a program where by doing some community service and attending classes, the charge could be dismissed. If your charge is elsewhere, then such a program isn't available, and you will likely be charged with a misdemeanor. Having a theft on your record can hurt your future chances of employment. Wherever you are, you should talk to a criminal defense lawyer as soon as you can. I am a former prosecutor who has handled a lot of theft cases and would be happy to discuss your options with you, free of charge. But whatever you do, don't wait. The quicker you act, the quicker an attorney can strat helping you mitigate the damage this could cause.
Answered on Apr 21st, 2011 at 5:25 PM
Depending on your record , it is quite possible that an attorney could arrange for an alternative which would eventually get the matter dismissed.
Answered on Apr 21st, 2011 at 5:25 PM