QUESTION

Will I have to go to jail for a misdemeanor of petty theft?

Asked on Jun 09th, 2014 on Criminal Law - Ohio
More details to this question:
I have committed my first offense when I stole from a store. I don't know what I was thinking. I am not a thief. You can tell because the first time I tried and stole, I got caught. The item was worth $15.99. As I said, I am 20 years old and I have a clean record. I have been summoned to court. Am I going to jail?
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1 ANSWER

Criminal Defense Attorney serving Cincinnati, OH at James R. Hartke
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Theft charges in Ohio are a Misdemeanor of the first degree with up to six months in jail and $1000 fine and, potentially, a period of probation. The fact that this is your first offense and the item was only $15.99, the chances of you going to jail are minimal. In most jurisdictions you would be given a fine and court costs and a period of probation with a court order to stay out of the establishment. However, other jurisdictions, generally in a smaller community such as Fairfield Ohio, Butler County, the Judge has a policy of sending first offenders to a term of incarceration for thirty days. In other jurisdictions there is a process called diversion where you would be required to take a theft class, pay a fine and restitution and the charge would be dismissed. If you receive a conviction of theft you have to wait one year after you have completed probation and you would be able to file a motion to expunge the conviction, but that is only generally for the first arrest in Ohio which recently the law was changed to allow for 2 misdemeanors or 1 felony and 1 misdemeanor as a general rule.
Answered on Jun 11th, 2014 at 6:34 PM

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