Will I have to do jail time for a second retail theft citation?

Probably not. You were not on probation the second time the crime was committed. This is a petty theft case.

Petty theft with a prior can be filed as a felony, so instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. Hire a lawyer before you get duped into a plea that will send you to state prison.

You could. Shoplift is punishable by up to a year in jail and a $5,000.00 fine.

Shoplifting items of a value of less than $950.00 is petty theft. Petty theft can be charged as an infraction if the amount stolen is worth $50.00 or less. If over $50.00 but less than $950.00 it is charged as a misdemeanor. However If you have three or more priors for petty theft, the next one can be a felony or a misdemeanor. Infractions are punished by a fine. Misdemeanors are punished by up to one year in the county jail and/or up to a $1,000.00 fine. Felonies are punished by sixteen months, two years, or three years in state prison. The normal punishment for first time petty theft is three years summary probation, a fine, community service, theft classes, and restitution to the victim. Second or third convictions for petty theft normally are the same as for a first conviction. However, it is not unlikely to receive up to 90 days in county jail for the additional convictions. This all depends on the facts of the case. A convection of petty theft, whether by guilty plea or guilty verdict from a jury, will go on your record. This will be on your record even if you were not arrested at the store, and were only given a notice to appear ticket.

You will not likely go to jail. You will probably be sentenced to attend a consumer awareness class, do community service, pay a fine, pay restitution, stay away from the store, have no further criminal violations and be on probation for one year. You will also have to pay a civil fine to the store.

With each subsequent conviction, the possibility for jail always increases. It also depends on who your judge is and how they normally deal with second offense retail fraud or shoplifting charges. Get a good attorney involved if you can afford one, so he can limit the damage. If you cannot afford an attorney ask the court to appoint you want. Also, most attorneys well at least give a free consultation so you will have an idea going in as to what to expect.