What sentence will I get for a first time misdemeanor shoplifting charge?

Question

I made a stupid mistake (not sure what I was thinking) and was caught for shoplifting ($200). 

Charged with misdemeanor and given a court date in September. 

I have never done this before nor do I have any kind of record in the past.   

I am sick to my stomach as to now I cant believe I did that.  Do you recommend finding a lawyer to help me with this? I already paid the store its civil demand of $425.  

What else can I expect?  Is there anyway I can get this so that it doesn't appear on my record?

Austin Hirschhorn · Answer

If you were charged with retail fraud in the second degree the crime is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2000 or 3 times the value of the property that was stolen, whichever is greater, or both imprisonment and a fine.  

If you were charged with retail fraud in the third degree the crime is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500 or 3 times the value of the property that was stolen, whichever is greater, or both imprisonment and a fine.  

There are provisions that treat a first offender better than people who have prior convictions and you would want to explore the possibility of diversion or a deferred sentence where if you satisfactorily complete a probationary sentence the case is dismissed and there is no record of a conviction.   

If you are convicted and stay out of trouble for 5 years and have no other cases or convictions you may be eligible to have the one conviction on your record expunged.  

A lawyer would be of assistance in getting you the best possible treatment in the case you are dealing with.

Francis Cowhig · Answer

From a sentencing standpoint, you are looking at 6 months to a year in jail, although as a 1st time offense, a fine, probation and a stay-away order is possible.  I 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 arrest.  He/she would then be in a better position to analyze your case and advise you of your options.

Michael J. Breczinski · Answer

Get an attorney. The person may be able to get it so that you end up with no criminal conviction if you do everything the court tells you to do so. Get a good attorney.

Jeffrey Pollock · Answer

Although it is not required, if you are that concerned about keeping a spotless record so that your future job/ school/military prospects are not adversely affected, retaining counsel to help you get a Diversionary Program and/or dismissal and/or Expungement would be highly advisable.

Joseph Dane · Answer

Bottom line?  Get a lawyer.  Nobody can undo what has already happened, but a lawyer can protect you and work towards the best possible outcome in court.  Ultimately, you may be able to get the charges dismissed, reduced, changed or some other resolution that won't impact your future like a theft conviction would.  There's no way to give a definitive answer over the internet though.... you're going to need to sit down face to face with a good local criminal defense attorney and discuss the case and your options.

James Schoenberger · Answer

You will not likely get any jail time and you may be offered a deferred prosecution. That means that if you have no further involvement with the law for a period of time (usually 1 or 2 years), the charges will be dismissed. Some counties have diversion programs for such crimes which also involve dismissing the charges.

Larry Dunn · Answer

All misdemeanor offense carry a maximum penalty of 6 months in jail and $1,000 fine although a first time offender would rarely be sentenced to jail.  A  judge is free to impose any sentence up to the maximum. Given the potential penalty and criminal record, it would be advisable to consult with an attorney.

Jared Altman · Answer

Probably the worst you face is a fine, surcharge, restitution and be good for one year or else.

Terry Nelson · Answer

..appear on my record?   The arrest is already on your record.  A conviction would be on as well.    

The charges actually filed by the prosecutor will determine how much time and other penalties could potentially be imposed.  

In California, if convicted of any misdemeanor, you potentially face up to 12 months in jail, plus fines.    

The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc.  

However, a first offense with no prior record should not result in jail time if handled correctly, and might even result in a diversion or education program and no actual conviction.

Stephen Freeborn · Answer

Yes, I do recommend that you get a lawyer and this is why:  Shoplift is a gross misdemeanor, punishable by up to 1 year in jail and a $5,000.00 fine.  There is no mandatory minimum jail time, which means, for a first offense, you will probably not go to jail but be placed on probation for 2 years.  But this is the least of your problems.  If your attorney can keep you from being convicted  get the case deferred or diverted he/she would be worth every penny you pay.  Reason:  with a theft conviction on your record, you are going to be disqualified from a lot of jobs.  If you are planning to go to college, it will disqualify you from admission to a lot of schools and may disqualify you from federal grants and aid.

Jared Winter · Answer

You should absolutely hire a lawyer.  Lawyers can work out far better settlements for cases than people can on their own.  If you hire a lawyer, you may be able to avoid the conviction entirely.

Jason Savela · Answer

Sometime they offer a short deferred sentence.

Leonard A. Kaanta · Answer

Probably a year's probation.

Gary Moore · Answer

Get a goood criminal lawyer and avoid a conviction for shoplifting which you prevent you from working at CVS or McDonald's and a lot of places which pay quite a bit more, like a bank or stock brokerage.

Gary Russell · Answer

Sentencing following a conviction of a criminal offense is up to the discretion of the judge (limited by the maximum penalty set by statute or ordinance).  However, first time offenders for retail fraud rarely if ever receive jail time.  You should consult with an attorney as he/she may be able to help you keep the charge off of your record.

James Osak · Answer

Probably just fines/costs and probation. Depends on your criminal record.

Michael Lynch · Answer

Since you have paid the stores demand you can ask for the case to be  dismissed.  If the DA is unwilling to dismiss, and the court will not  dismiss on its own, it is still possible to have the case dismissed  following a successful diversion program. Hope that helps.

James Gandy · Answer

This question cannot be answered with absolute certainty because I do not know the county you are in or the evidence against you.  In any event, you did not have to pay the civil demand.  You should, at least, consult with an attorney before you decide what you are going to do.

S. Hunter · Answer

I would recommend getting an attorney. If you cannot afford one, you can request the court to appoint one for you. If the value of what you stole was $200 or more you could be sentenced to up to a year in prison or a fine of up to $2000 or 3 times the value of what was stolen whichever is more. You could also be required to pay the fine and do the time. If the value of what you stole was less than $200 then you are looking at up to 93 days in jail and a fine of $500 or 3 times the value of what you stole, whichever is greater. Basically since this is your first offense etc you may be able to reduce your time to community service, or if the judge and prosecutor agree it might get filed. Which means if you don't get into any more trouble for a year you will not be charged. If you do wind up with a conviction you get move to get the record expunged after a period of 5 years has passed.

Stuart Nachbar · Answer

It is possible with a conditional discharge.  You consult with a criminal  attorney.

Thomas Edward Gates · Answer

Your sentence conditions will be set by the court and each judge looks at the facts, your past law violations and the recommendation of the prosecutor to decide your sentence.  Generally, you will be placed on probation, required to do community service, attend a victims class, pay court cost, and have no further law violations.  You have already taken care of the civil penalty.  You will have a record, but can later petition the court to expunge your record.

Timothy Klisz · Answer

Yes. You need a lawyer to keep it off your record. It is important for sentencing as well.

Jeff Yeh · Answer

You need to hire a lawyer. Petty theft is a crime of moral turpitude, and having it means you can forget about any meaningful employment opportunties for the next decade of your life. Paying the civil demand won't cause the criminal charge to go away.

James Smith · Answer

Fine and petty larceny school.

John Brennan · Answer

In Michigan, it may be possible to prevent a conviction for appearing on your record, depending on the circumstances.  See an attorney now, and do not speak of this incident with anyone else.

Mark Smith · Answer

Probably a filing and a stay out of the store order.

Leonard Harden · Answer

Yes you should consult a lawyer.  First time offenders are often given a placed on file, which means no record.

Bernal Ojeda · Answer

If its a theft and only a misdemeanor you may just get a fine and probation. If jail sometimes you can get cal trans work.

Gregory Casale · Answer

To answer your question first; the maximum penalty for a 1st offense shoplifting charge in Massachusetts (under $250) is a fine of no more than $500.00 Your primary penalty for this offense is not the court's penalty. The entry on your record is far more punishing than the fine. A record or CORI entry, especially a Guilty, can cause you problems obtaining employment, tuition assistance and some forms of housing. Under certain conditions, it is possible to keep this off of your record. It is too bad that you already paid the civil assessment. I probably would have advised you not to pay it. Since you already have done so, I would try to use that to your advantage going forward.  You should hire a lawyer, regardless of whether it is a Clerk's Hearing or straight to arraignment at the District Court level. Your chances of Dismissal are far better with an attorney than without one.

Dennis P. Mikko · Answer

It may be prudent to hire an attorney who can assist you in this matter.  The attorney may be able to convince the prosecuting attorney to allow you to plead to a deferred sentence.  With a deferred sentence, you would serve a term of probation, pay fines and costs and once completed the matter would be dismissed.  A dismissal would be the only way to keep this off of your record.  If this is your first offense with an otherwise cleam record, there is little likelihood that you would see any jail time.

Andrea Rogers · Answer

It depends on which court this is in and how old you are. My best  estimate is that you will have to pay a fine and court costs and the  prosecutor will reduce the charge to "Littering," but that is based on  my experience with shoplifting cases in the St. Louis area. Depending on  which court issued the ticket, you might have to perform a certain  number of hours of community service, and you may also have to attend a  court-ordered class for shoplifters. It's also possible that the  prosecutor will recommend an SIS (suspended imposition of sentence) and  probation, which means the shoplifting charge would be dismissed if you  successfully complete the probation period without getting in trouble  with the law.

Steven Alpers · Answer

I do recommend that you hire a lawyer.  You may be able to get your case reduced to an infraction or you may have to plead guilty alot of it is up to the DA and if the court has any diversion programs available.

Michael Edwards · Answer

You can probably get a plea in abeyance for this, if it is your first offense.  That will keep you from having a conviction on your record because of this.  I would recommend hiring a good defense attorney, to help you through the process.  Good luck!

Michael Palumbo · Answer

1 year jail time.

Bruce Arthur Plesser · Answer

Probation, probably.

Russell Pietryga · Answer

Because of the amount. You should be charged with a class B misdemeanor. The potential penalties are as follows: Class B misdemeanor: A fine not to exceed $1,000[1] , plus a 90% surcharge.[2] Class B misdemeanor: A term in jail not to exceed 6 months.[1] *Restitution- *The court may order a defendant convicted of this crime to pay restitution.[1]

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What sentence will I get for a first time misdemeanor shoplifting charge?

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