What will happen to me for a second offense misdemeanor theft?
Asked on Nov 27th, 2013 on Criminal Law - California
More details to this question:
My first offense, I stole under $100 worth of clothes. I was on probation and completed successfully. Second offense, I stole a little over $100 worth of food.
It depends on which court you're in. If you hire a lawyer to negotiate with the prosecutor for you, it's possible that you could get the charge dismissed after 1-2 years of probation and completion of a "theft offenders" class.
Shoplift, if convicted is punishable by up to a year in jail and a $5,000.00 fine. I suspect that with a second conviction, the judge will impose some jail time... how much is determined by the facts of the case, and the decision of the judge.
You will probably get some jail since you did not learn any better the first time. You should stop stealing since you are an incompetent thief. You keep getting caught.
Your chances of going to jail increase. Make sure you are represented by an experienced criminal defense attorney in your area that handles these types of cases.
Depending on what county, you may be offered anything from pretrial diversion to jail. If it's a second time around its possible that the court may adjudicate you guilty, meaning convicted of the offense. In Florida, a third PT case may be treated as a felony.
Your fate is in the hands of the DA and your attorney. Second time is usually more punitive than the first. Have you completed your probation from the first? If not you will also be charged with a violation of probation which could mean about 30-90 days of some type of time.
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