What can I expect after my first offense of shoplifting?

Question

I was caught shoplifting for $30 in merchandise. I'm over 18 and this is my first offense. Could I go to jail? Will I have to pay fines or go on probation? Thank you.

Ramona Hallam · Answer

You will probably be charged with California Penal Code 484 PC and 488 PC. You can defend yourself by either 1. not intending to have stolen (you forgot to put the merchandise back or pay); 2. the property was already yours; 3.) You had consent to take the item or 4.) someone put the merchandise in your possession. You cannot be convicted unless the prosecutor can prove you intended to take the item. This is a bad charge because it is a crime involving moral turpitude and can be used against you in employment, or in immigration court. Although it is a misdemeanor at $30.00, you should try to defend yourself because of the ding on your record. Because this is a first offense, your lawyer might be able to do an informal diversion. The court may send you to shoplifting classes, and have you pay for the item in order to drop the charges. You should really hire counsel and try to help yourself rather than plan on fines and probation right  away.

Jeffery Cojocar · Answer

Depends on the jurisdiction hire an attorney to assist you.

Eric Chandler · Answer

You will likely receive diversion or probation.

Michael Palumbo · Answer

You need to retain defense counsel who will represent you and explain the process. We can represent you and work to avoid a criminal conviction and jail time.

Daniel Kieth Martin · Answer

This conduct can be charged in two different ways so the outcome will depend on how it was charged.  Commercial burglary. A commercial burglary is when a person enters a business with the intent to commit a crime. Commercial burglary can be punished in California by a year in the county jail, 16 months in prison, two years in prison or three years in prison. It can be difficult for the prosecutor to prove that you entered the store with the intent to steal so it is more likely that you will be charged with a misdemeanor petty theft.  Petty theft. Petty theft is the crime of stealing an items that's value is below a threshold amount. It used to be $400 recently that has changed to $900 and it may change again so I am cautious about providing an amount here. Petty theft is punishable by incarceration in the county jail. The fact that this is your first case means that you will probably not be sentenced to jail. In some cases people are allowed to participate in a diversion class. If you are allowed to participate in diversion then you will not go to jail and the charge can be dismissed if you comply with the court's orders. These cases can be expensive, often costing $1,000 when you are done with everything. Good luck.

Jacob P. Sartz · Answer

I'd recommend you retain an attorney to assist you with this matter. If you  cannot afford an attorney, the court may appoint you one at the public's  expense. You are presumed innocent until proven guilty beyond a reasonable  doubt. Only if a person is ultimately convicted or if they plead guilty will  they be sentenced.  In Michigan, the maximum penalties for a retail fraud, third, usually charged in  alleged shop-lifting cases for merchandise with a value under $200.00, is 93  days in jail, probation up to two years,a fine of not more than $500.00 or 3  times the  value of the difference in price, property stolen, or money or  property  obtained or attempted to be obtained, whichever is greater, or both   imprisonment and a fine. MCL 750.356d. Please note, however, that these are the  maximum possible penalties. Judges in Michigan misdemeanor cases have a wide  latitude with their sentences up to the maximum pursuant to the applicable  statute. Policies and practices vary widely depending on the judge and county.  An arraigning judge usually advises a defendant of their maximum possible penalties pursuant to the law.

Jules N. Fiani · Answer

You will have fines, court costs, community service, and probation.

Marc B. Geller · Answer

You should NOT go to jail.  You may be able to negotiate a plea to an  infraction and/or have your conviction expunged within a year.

Stephen Freeborn · Answer

Yes to all of the above. Shoplifting is a "gross misdemeanor", punishable by up to 1 year in jail and a $5,000.00 fine. Generally a person will not go to jail for a 1st offense, unless the person has a criminal record. A person will generally get a "suspended sentence" which means the judge will sentence you to the maximum penalty, but suspend the jail time and a portion of the $5,000.00 for a period of 2 years. During this time you will be on probation and required to do certain court ordered things.  If you fail, you go to jail. You may also want to consider some other potential issues you face. You don't say how old you are, but if you are going to college or plans to, a criminal charge like this could disqualify you from attending certain colleges. It can also disqualify you from receiving financial aid, loans and grants.  If you are looking for a job, a theft conviction is going to disqualify you from most any job especially in today's economy. I strongly advise you to speak with an attorney.

Eric Sterkenburg · Answer

You will get an offer from the District Attorney. If you have an attorney the offer will be better. You should, end up this a time served offer, three years summary probation, stay away order from the store you shoplifted from, court fines, and restitution to the store. With an attorney you may get the shoplifting reduced to a trespass.

Timothy Klisz · Answer

All are possibilities.  As a young person you have more options to keep  it off your record with the right attorney.  Don't mess up again.

Thomas Tomko · Answer

Thank you for your inquiry  You may be eligible for a first offender program, HYTA or a deferred sentence.  These types of treatment can result in the matter not being on your public record.    In any event, I would expect a fine and probation, even though the case likely has a maximum penalty of up to 93 days in jail.  (If a Retail Fraud 3rd).  The above-mentioned treatment can be explained and sought by the attorney you hire.  In some Courts, these are not available without an attorney.  Should you need an attorney in wayne, oakland or macomb county, you may contact this office for an appointment.  I hope that this was helpful.

Joseph Dane · Answer

You're going to face petty theft charges - the maximum is six months in county jail and/or a thousand dollar fine with three years of probation. That's just the court punishment. In reality, if convicted, you will have a theft conviction that you will have to disclose on job applications (you'll be turned down) and have the stigma of a record.   Instead of focusing on the punishment, try to find a good local criminal defense attorney that routinely practices in the court where your case will be heard. They may beagle to work something out where you can avoid a conviction in the first place.

Samuel H. Harrison · Answer

Usaully a fine, probation and community service. Many courts also require a "values clarification" class as well.

Craig Elhart · Answer

Without knowing the court you will be appearing in a best guess would be you would be placed on probation and have to pay fines and costs.  The store can also charge you under the civil penalty 10 times the value of the merchandise stolen not to exceed $200.00.

Roianne Houlton Conner · Answer

This is THeft in the third degree and you will probably get only a fine, court costs and a lecture.

Dennis Roberts · Answer

Probably a fine and probation.  As a first offender with that little amount it  is HIGHLY UNLIKELY that you will get a jail sentence.  If you do you can  probably serve it on a weekender work program or sheriff's alternative work  program, but I doubt you will get sentenced beyond a fine and probation.

Michael Maltby · Answer

It really depends on the court and judge and prosecutor but having practiced in many courts I would hope for either a deferred finding (where you essentially stipulate to your guilt) or a deferred sentence (where you plead guilty and the sentence is delayed). Both usually entail a fine , no jail and restitution and law abiding behavior for a period of probation.  There is also the option of a compromise of misdemeanor.  All options result in no record of conviction.  I would suggest getting a lawyer in any event.  Good luck.

Michael Nack · Answer

The answers to most of your questions will depend upon what court you are   dealing with, or facing charges in. You should hire an attorney to represent  you  in any event. The attorney can determine whether there is enough  evidence to  convict you and whether or not you have any legal defenses. If  necessary, the  attorney should be able to negotiate a plea bargain under which  you could avoid  jail time and also possibly avoid a conviction being entered  on your record.  This is extremely important to you, because a conviction  would have very serious  negative consequences for you for potentially the  rest of your life.

James Schoenberger · Answer

It depends upon the jurisdiction. In Pierce County you might be eligible for a diversion program called El Cid. With most diversion programs, charges are dismissed with successful completion of the program.  If there is no such program in your jurisdiction, you would not likely face jail time but might be required to do community service for a shoplifting case.  Fines and probation also will vary with the jurisdiction.

Cynthia Henley · Answer

You should hirea lawyer to represent you because shoplifting is a crime of moral turpitude and could affect you for the rest of your life.  At the worst, you should request deferred prosecution (also known as deferred disposition) in which the case is reset and you are required to do things like community service, write a letter of apology, etc. When you return to court on the schedule date, if you have done the things required of you and you have not gotten into ANY more trouble (including traffic citations), then the case is dismissed. You can file a lawsuit in civil district court 2 years in the future to have your record cleared completely (which absolutely requires a lawyer.

Michael J. Breczinski · Answer

You should get a lawyer he could arrange for you to possibly get deal where if you your clean then you might have no record. It is important to keep your record clear if you ever want to have a job.

Mark R. Thiessen · Answer

$30 in Texas is a Class C Misdemeanor.  The range of punishment is only a fine of up to $500, no jail time.  A good attorney can get it dismissed, a pretrial intervention, or at worst a deferred adjudication probation.  Please don't hesitate to contact me if you have any further questions.  G

Hugo Florido · Answer

I would say it would really depends in what county the arrest took place.    In Miami-Dade County rarely  does a Defendant go to jail on a 1st time misdemeanor offense.    Most likely  the State would offer a Pre Trial course where you can have the criminal charges dismissed upon completion of the program.

Joseph Katz · Answer

You could get up to six (6) months in jail (or Work Release or Electronic Detention/House Arrest), fines, search terms and up to five years of probation (three years is more common). You should think positively and try to get the District Attorney to drop the charge to an Infraction. Assuming you do not have a defense and were busted red-handed, you will pay a nominal fine (maybe $100 - $200) and learn from the experience.

Jared Austin · Answer

Technically you could go to jail. Realistically, you can almost all but guarantee that you won't be sentenced to jail. Probation is a possibility with a diversion program being more likely, especially if it is your first offense. A diversion program centers more around community service and upon completion it stays off your public record. You may have to pay some fines and end up spending a few hundred dollars all together and more if you hire a lawyer. Make sure you plead not guilty at your arraignment or else you forfeit your chance to bargain with the prosecutor. You can seek legal representation if you wish. It would probably put your more at ease more than anything.

Jeff Yeh · Answer

All of the above. Petty theft usually comes with fines, restitution, probation, and possibly jail, although not likely on a first offense. Petty theft is a crime of moral turpitude, so if you have it on your record you can say goodbye to any kind of meaningful employment for the next ten plus years of your life. Get an attorney to try and get a reduction in charge.

Christopher McCann · Answer

Few, if any persons, convicted of petty theft (shoplifting) do any jail time. In many counties, there is a diversion program that allows one to get their case dismissed after completing an educational program about the harm done by shoplifters. This way there is no conviction on one's record. Not all courts and DA's offices allow this, but a good attorney can fashion one if they know how to do it.

Jared Altman · Answer

No. You won't go to jail. A lawyer can probably get you a pretty good deal.

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