QUESTION
What will happen to a first time offender for shoplifting?
Asked on Dec 19th, 2012 on Criminal Law - Michigan
More details to this question:
I am 28. I was recently caught at a grocery store with $35 worth of food and was given a court date. I am wondering what the likelihood of keeping my record clean is. I am very concerned for future employment.
10 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will most probably need an attorney. You are correct in considering this serious and potentially very damaging to your future.
Answered on Jun 12th, 2013 at 12:18 AM
Michael J. Breczinski
If you never had a prior maybe something can be worked out so you will end up with no record. This is huge. What employer wants to hire a thief?
Answered on Dec 21st, 2012 at 3:14 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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There are several factors that can come into play. It is helpful that this is a first offense, and that the amount taken was under $50. What court is your matter in? A good attorney potentially can get the charge reduced to an infraction or completely dismissed. I have been successful in getting first and even second petty theft offenses completely dismissed.
Answered on Dec 21st, 2012 at 2:33 AM
John J. Carney
In New York state a first offense is usually an ACD dismissal if you have a good lawyer. You will not have a record unless you are arrested again within a year. You must make better decisions in the future or you will not have one.
Answered on Dec 21st, 2012 at 1:33 AM
You definitely need to hire an attorney (or ask for a public defender if you can't afford to hire a private practice attorney). If you have no prior convictions for shoplifting, your attorney can probably negotiate a plea bargain to keep this off your record. You will have to pay a fine and court costs, but you probably won't have to go to court. This advice is based on my experience in the St. Louis, MO area courts. Outcomes may be different in other areas of Missouri.
Answered on Dec 21st, 2012 at 12:57 AM
The amount in question makes this a misdemeanor. What happens to a person in this case depends on whether or not the person is convicted. The prosecution has the burden of proving guilt beyond a reasonable. If the person is convicted and has no criminal record the result is likely very little jail time, and possibly no jail time. Probation is very likely.
Answered on Dec 20th, 2012 at 3:41 PM
Petty theft is a crime of moral turpitude and, if convicted, you can kiss your school/career aspirations goodbye.
Answered on Dec 20th, 2012 at 1:21 PM
Thomas Edward Gates
You will not be able to keep your record clean. You likely will be sentenced to take a consumer awareness class, do community service, pay a fine, pay restitution, stay away from the business, and have no further criminal violation. At the end of probation (likely one year) they may drop the charges. If they do not, file to expunge your record.
Answered on Dec 20th, 2012 at 12:04 PM
Shoplifting is a petty theft. The punishment is found in California Penal Code Section 490.1. (a) Petty theft, where the value of the money, labor, real or personal property taken is of a value which does not exceed fifty dollars ($50), may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor, provided that the person charged with the offense has no other theft or theft-related conviction. A misdemeanor is punishable by up to a year in county jail and/or a fine of up to $1,000.00. An infraction is punishable by a fine only.
Answered on Dec 20th, 2012 at 12:04 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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You are likely to be charged with retail fraud, third degree. That carries a maximum sentence of 93 days in jail. What sentence you are likely to depend on the judge assigned to the case. If you can identify your judge I could give you a better idea as to what you might be facing.
Answered on Dec 20th, 2012 at 12:03 PM