Will my daughter go to jail for shoplifting?

Question

My 16 year old daughter and two friends were at the mall today. Her 2 friends stole from 2 different stores and they were all 3 stopped walking out the door of the second store. That is when her friends told her what they had done. While waiting for us to get there, she did not tell the police what happened, but her friends said she was in on it. They have told us that we have to appear in family court. She has never shoplifted before unlike the other 2 girls.

Michael Morgan · Answer

It is normally not appropriate to predict possible outcomes on cases based on some generic information on the Internet especially not knowing how much merchandise was allegedly stolen and not knowing which juvenile court the case is filed in. Email transmissions to clients of this office presumably contain confidential and privileged material for the sole use of the intended recipient. The use, distribution, transmittal or re-transmittal by any unintended recipient of any communication is prohibited without our express approval in writing or by email.

Stuart Nachbar · Answer

You can probably get it downgraded, but I would have counsel with you.

Gregory Crain · Answer

No.

Gregory Casale · Answer

I would advise you to hire a lawyer. In MA, the maximum penalty for a 1st offense shoplifting charge is a fine. However, it is not the fine that is the problem, it is the criminal record that she will have to live with and deal with for life. Every time she applies for a job, seeks student loans, or even some forms of housing, a CORI (criminal record) could be an issue. The fee for a 1st offense shoplifting charge, which not cheap, is far less than the aggravation that she will experience if not handled well. You sound like concerned parents. She is lucky to have you. Advise or assist her to find a local lawyer who knows what they are doing in the court where she is charged.

Larry Dunn · Answer

A juvenile can be incarcerated in a juvenile facility if a court   adjudicates the offense much like being found guilty in an adult court. A  juvenile  has the same constitutional rights as an adult. If a person did not  know,  assist or participate in a crime, the person can defend against the charge  at  trial. The State still has to prove the charge beyond a reasonable doubt.

Stephen Freeborn · Answer

A shoplift is a gross misdemeanor, punishable by up to one year in jail and a $5,000.00 fine.  There is no mandatory minimum, which means that the judge does not necessarily have to put your daughter in jail, but the judge certainly can if the facts warrant it. He can also require her to do many things: community service, pay a fine, attend consumer awareness counseling, etc. I also suspect that your daughter has received a permanent trespass order from the store,  which means if she is caught around the store in the future, she can be arrested.  The fact that your daughter is 16, mans that she can be charged in either juvenile court of adult court.  My advice to you is to get an attorney for your daughter.  Perhaps that attorney can do something to get the charges deferred or diverted. This is important because if  she is convicted and it becomes a permanent part of her record, it is going to impact her ability to find a job. If she has aspirations of going to college, it could also limit the number of colleges/universities that will consider her application. It will also disqualify her from certain types of student loans and grants. Lastly, I would strongly suggest that she get some new friends.  If your daughter had prior knowledge of her "friends" history of shop lifting, and she still chose to hang with them and go shopping, and was there when they did so, I suspect that your daughter was more involved than she wants you to believe. One can only hope that this is a lesson learned.

Francis Cowhig · Answer

Depending on the jurisdiction, your daughter will most likely get probation or possibly diversion.  I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your daughter's arrest.  He/she would then be in a better position to analyze your case and advise you of your options.

James Schoenberger · Answer

No jail for a juvenile shoplifting. Detention at a juvenile facility is a remote possibility but most counties have diversion programs for this sort of thing.

Michael J. Breczinski · Answer

If she did nothing wrong and did not help these other girls then you may ant to fight the case. She needs a good attorney.  Get one.

Joseph Dane · Answer

She'll be going through the juvenile system since she's under 18.  it is highly unlikely she'll serve any time in custody.  They can handle things informally with a type of diversion without going to court, a diversion through court or other alternative dispositions.  You can either hire an attorney to represent her or the public defender will be appointed to represent her.  She will have to attend court on the assigned date along with at least one parent.

James Osak · Answer

Have her DENY her involvement and fight the charges. You'll need character witnesses for your daughter and against the two "liars."  Threaten them (and families) with defamation lawsuit.  The prosecutor will blame you (parents) for NOT doing your job and try to give your daughter an example to not steal again.  Since they didn't find any merchandise on her that's good. You'll need to retain a criminal attorney though.

Terry Nelson · Answer

If she is being charged with  conspiracy  or burglary because of multiple defendants involved, she is more likely to get jail than if she is charged only with shoplifting.  Because she is a minor, with no record, it is not likely she will be jailed along with the other girls, but unless she goes to trial and wins, she is almost certain to face restitution and probation. Get her an attorney to get the best outcome for her.

Michael Clinton · Answer

Your daughter needs to choose her 'friends' more carefully.  Very likely  she will not go to jail but may well be implicated in the crime.  If you  really want to fight this, hire a Criminal Defense Attorney and explain  your goals, and your daughter's goals for that representation.  After  reviewing the police report and all the facts, the Criminal Defense  Attorney can then advise you of your options and what he/she feels your  chances may be.

Nathaniel Shafer · Answer

It's possible that she will have to spend some time in juvenile detention, but, this being her first offense, it isn't very likely.

Mark R. Thiessen · Answer

Theft is a serious crime that could dramatically affect her future jobs and schools.  You need to hire the best lawyer you can afford and fight it.  Absolutely never plead guilty to it.

Jeff Yeh · Answer

Lucky for her she didn't talk. She should remain silent and only speak only to an attorney. That's how you avoid jail time.

James Edward Smith · Answer

No jail.  Probation is likely.

Jeffery Lebeau · Answer

Shop lifting does carry jail time but the prosecutor usually won't request custody time unless your daughter has a bad record. Our firm has been representing individuals accused  of Felony and Misdemeanor crimes for over 23 years. We represent  clients in LA, Orange, Riverside, and Ventura counties. Both my partner  and I are State Bar Certified Criminal Law Specialist (only  approximately 300 in the entire State of California) and named "Super  Lawyers" in LA Magazine. But more importantly over 70% of our new cases  come from referrals from our previous clients, other lawyers, judges,  police officers, and prosecutors looking for great representation for  their friends and loved ones.

Mark Smith · Answer

No your daughter will not have to go to jail.

Dennis P. Mikko · Answer

As a juvenile, she cannot be placed in jail.  She should plead not guilty and either retain an attorney or ask the court to appoint an attorney for her.  It sounds like she has a valid defense.

Jeffrey Pollock · Answer

She should be required to appear in Juvenile (Delinquency) Court.   With a  good lawyer, supportive parents, and apologetic child, one should try for  a  Consent Decree.

Kevin Ellmann · Answer

Jail is very unlikely for a first offense shoplifting case, but it is possible.  Perhaps just as important though, is avoiding a permanent conviction for a theft-related offense that will remain on her permanent record and haunt her employment and advancement prospects forever.  Good luck!

Timothy Klisz · Answer

Everyone says its their first time, which usually means the first time they got caught. Jail is unlikely for a first offender, but she should have legal assistance in the case because courts treat these ad serious.

Troy Gorman · Answer

First, you must deal with the reality that your daughter was fully aware of and/or participated in the thefts. You miss an opportunity to teach her an important lesson if you treat her as a victim.

If this is her first offense it is unlikely that she will receive jail time, but you can expect to have to pay a portion of restitution to the stores, fines and costs, and a probationary period. 

There are legal mechanisms available that would ultimately keep this off her permanent record if she complies with the probation. You should retain an attorney to assist your daughter to make sure she can benefit from such a program, and protect her interests.

John Brennan · Answer

She needs representation and will, most probably, be charged in juvenile court.  Get an attorney now, and neither you or she should speak with anyone else.

Timothy Byrne · Answer

No in Mississippi unless she is tried as an adult. However, she may be taken into custody and held at a youth detention facility pending her appearance in Youth Court. That is rare but may happen.

Ernest Lee · Answer

Friend, I can only imagine how utterly  distraught you must feel. I feel for you.  It is always possible for your daughter to be committed to Juvenile custody, which is what they would do here because the charges are not serious enough for the state to consider prosecuting her as an adult. 

However, ask her for the explicit facts and if they are as you state them in your question, and you believe she is being truthful,  explain these facts to the juvenile court judge. 

Ask you daughter to be the lead explainer and to forcefully state her innocence.  Be sure there are no contradictory videos because if the judge "catches" her in a fib she will compound her difficulties.    

All this said, if she explains her innocence and there is no contradictory evidence and this is her first offense she should be able to either get the case dismissed or be given an official warning.

Jennifer Leigh Gottschalk · Answer

It is not likely that a 16-year old in New Jersey with no prior record would be jailed for something like this.    The prosecutor might want her cooperation to testify against the other girls in exchange for dismissing charges against her.

Arthur Aiken · Answer

If your daughter has no record, a sentence of imprisonment is unlikely. It would, however, be prudent for you to get her a lawyer.

Thomas Edward Gates · Answer

No, your daughter will not go to jail.  Each municipality court handles shoplifting on a case-by-case basis.  

It is likely that your daughter will pay a fine, do community service and be on probation.  She will also be ban from the store she shoplifted in.  

In addition, the store will likely assess a fine 2 times the value of the merchandise stolen.

Steven Fairlie · Answer

She can't go to jail for something like this, as that is for adults or juveniles who commit very serious crimes, but there is a remote chance she could be sent to a juvenile detention or treatment center.  You should get a very good lawyer to evaluate the case.

Steven Alpers · Answer

Unlikely. She will probably get volunteer work if it is her 1st offense.

Robert De Groot · Answer

This is something that could affect her for the rest of her life. She should plead not guilty and request a trial. 

You must hire an attorney in order to get a acquittal. She should not speak with anyone about this except for an attorney. 

Co-defendants always point their fingers at the other people who were there.

These were not friends of your daughter, they got her implicated in theft. Hire an attorney quickly.

Gary Russell · Answer

It sounds as if your daughter is being charged as a juvenile.  Her options are to negotiate an agreement with the prosecutor, plead guilty to the offense as charged (not recommended), or request a trial.  

I recommend retaining counsel to guide you through the process, as there are procedures that can be used in these matters to protect the permanent record of the child.

Barbara A. Fontaine · Answer

In Rhode Island, she would probably get some probation if found that she did shoplift.

Get her a lawyer, private or public defender, especially if she had not taken items and she had no unpaid items on her when stopped.

I do not know what state you are in, but I cannot imagine jail time for this.

Michael Palumbo · Answer

Your daughter hangs out with 2 recidivist shoplifters. What you can do is retain counsel for her, and make her pay the attorney's fees. This will deter her from ever hanging out with recidivist shoplifters and being "mistakenly accused."

Jonathan Baner · Answer

It's hard to say with any definitiveness, but GENERALLY one does not get jail time for a first time petty theft.

Russell Pietryga · Answer

No, she is a juvenile.  Juveniles are treated differently.  They are adjudicated delinquents.  In theory she could end up in detention.  But, a decent juvenile lawyer should be able to get a resolution that will not effect her long-term.  Hope this helps.

Jon Buchholdt · Answer

No.    Your daughter, with no priors, will be informally adjudicated as a juvenile, scolded, and released on informal probation to your custody.

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