What should I expect if this is my first time going to court?

Question

I am going to court for a theft under $100 and this is my first time going to court. What should I expect? Could I be facing jail time?

Jules N. Fiani · Answer

You will probably receive probation.

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, third, 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." MCL 750.356d.

Jonathan Willett · Answer

Unlikely you will see jail.  If you have no prior record, you should try to obtain a deferred judgment.  You may be required to pay court costs, fines, restitution and perform community service.

Theodore W. Robinson · Answer

You are facing apetit larceny charge and you will likelybe given an ACD,  meaning an Adjournment in Contemplation of Dismissal, which will likely require  you to go to a Stop Lift program. After six months or a year, if you don't get  rearrested, the case will be dismissed against you. Good luck.

Mark R. Thiessen · Answer

You certainly could face jail, but not on the first court date. The first court date is just like the first day of school.  They want to make sure you found the court, you haven't fled the country, introduce you to the judge and let you know when to come back.  The Judge will ask you if you qualify for a court appointed attorney, if you want to represent yourself, or you need more time to hire an attorney.  Theft is a crime of moral turpitude though, so you definitely need to hire an attorney and fight it.

Stephen Freeborn · Answer

You have been charged with shop lift.  Shop lift is a "gross misdemeanor", punishable by up to one year in jail and a $5,000.00 fine.  Many people write me, thinking that the value of the item taken somehow impacts the court and how the person is to be dealt with.   Since this is your first offense, you will probably get a suspended sentence, which means the judge will find you guilty, and suspend all the jail time and a portion of the fines, conditioned upon you doing certain things over the next two years (probation), including, but not limited to, law abiding behavior.  If during the probation period, you find yourself in trouble, the judge will send you to jail. You also need to consider other consequences that go beyond the court action.   A conviction for shop lift (theft) could impact your employment and/or prevent you from getting other employment because a boss might feel you are "untrustworthy".  Also, if you are looking at colleges or post secondary education, a conviction could disqualify you from certain colleges and could also impact your ability to obtain grants and scholarships.  Even if this is a first time offense, I would strongly encourage you to seek out legal representation as there may be other things the attorney can do that might lessen the impact upon you.

Thomas Tomko · Answer

You will be approached by the prosecutor and asked to plead guilty or to set the matter for trial.  Anything you say will be used against you at a trial.  In some courts, you will be offered a plea.  You will be asked whether you are hiring an attorney or whether you need an appointed attorney.  If you plead guilty, you will have a criminal record unless there is some other agreement.  You will be on probation and you will have to pay fines and costs.  Alternatively, you could hire an attorney to take care of this.  In many cases, the attorney can arrange an agreement which may keep the matter off your record through various statutes which may apply in your case.  You will have to pay your attorney, however, it may be worth it when you are looking for a job and don't want a conviction on your record, or when applying for a license or applying for financial aid for college.  It is your choice whether or not you retain an attorney.  I hope that this was helpful.

Craig Elhart · Answer

Retail fraud 3rd degree is a 93 day misdemeanor.  While there is a chance of jail, if you otherwise have a clean record, you should expect to pay fines and costs and be placed on probation for a period of time, probably not less than a year.

Leonard Harden · Answer

A first theft under $100 should be a b misdemeanor punishable by a fine only. I am usually able to have case placed on file on conditions of good behavior and restitution. Your first appearance is an arraignment.

Ruzanna Poghosyan · Answer

Since the value of the stolen property is less than $950, you will be charged with Cal. Pen. Code 484, Petty Theft, which is a misdemeanor under California law. If the value of the stolen property is $50 or less and this is your first petty theft offence, the prosecutor may reduce the charge from misdemeanor to infraction.  Your fist court hearing will be your arraignment. At the arraignment, you will be asked to enter a plea (guilty, not guilty, or no contest). If you enter "guilty" or "no contest" plea, your case will come to the end. If you enter "not guilty" plea, a future court date will be set (either the pretrial or trial).  Penalties for violation of Cal. PC 484 typically include up to six months county jail; three years of summary/informal probation; and/or up to $1000.

Jeff Yeh · Answer

If it is a first petty theft, jail can probably be avoided. But don't aim so low. A petty theft is a crime of moral turpitude, so if you have it, you can forget about obtaining any meaningful employment for the next decade of your life.

Cynthia Henley · Answer

Theft $50 to $500 is a Class B misdemeanor. You need to hire a lawyer to represent you so that you can try to avoid keeping this charge (and certainly getting a conviction) on your record. Theft is a crime of moral turpitude that could have long term repercussions.

Jared Altman · Answer

Almost certainly no jail. You may get away with an eventual dismissal with some community service or writing an essay.

Jared Austin · Answer

Is this left from a person or from a business? It would definitely be a misdemeanor. You might be eligible for a diversion program which could keep the conviction off of your public record. At worst you would probably be looking at probation. Jail is a possibility but not likely. At least have a lawyer review the case before you agree to anything. The case may be weak or there may be problems which could get the charges reduced or dismissed.

Timothy Klisz · Answer

Yes you could be sentenced to 93 days in jail. With a good attorney, you can often avoid a criminal record on this kind of case.

Michael J. Breczinski · Answer

IF you get a good attorney he or she might be able to work it out so that you do not have a record. You DO NOT WANT a theft conviction. If you think it is hard to get a job now you have no idea how hard it is when branded as a thief.

Joseph Dane · Answer

Yes, you're facing a misdemeanor that is punishable by up to 6 months in county jail and/or a thousand dollar fine.  That doesn't mean you're going to get that (or any jail time at all), but you're still looking at a misdemeanor criminal charge that will haunt you for years to come if you're convicted.  Focus on finding a local criminal defense attorney that routinely practices in the court where your case will be heard.  There may be things you can your lawyer can work on to get you in a better position for when they go to court on your behalf.  There may be a way to work out this first offense in a way that doesn't result in a conviction on your record.    If you cannot afford an attorney (and you'll never know if you can until you sit down with a couple of local ones to discuss the case and fees), you'll have to appear in court and you can request a public defender at that time.

Dennis Roberts · Answer

I can't imagine jail time. Most likely probation, an orderfor restitution  (give the money back) andprobably a small fine. Good luck. You don't need a  lawyer for this but if you qualify for the public defender, use him/her.

Daniel Kieth Martin · Answer

It is going to be alright. Most people are eligible for a diversion program that allows you to have the case dismissed as if it never happened. If you are not eligible for diversion then you still should not expect jail time however you could be forced to pay about a thousand dollars and some community service.

Eric Sterkenburg · Answer

If this is a simple theft of less than $100.00 you should be charged with a misdemeanor of petty theft. Your first court date is your arraignment and you will be told the charges against you and told your rights. You will be asked if you plead guilty or not guilty. You will also be told what would happen to you if you plead guilty. If you are out of custody and you plead not guilty you will be asked if you want an attorney and a new date will be set for you to come back. Pleading guilty to a petty theft for a first time you should not do any jail time. A normal sentence would be three years summary probation, time served, Cal trans and a fine.

Michael Palumbo · Answer

Petit larceny carries a prison sentence. This is why you need to retain defense counsel.

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What should I expect if this is my first time going to court?

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