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.
Full Answer
- Legal Guides - Avvo Shoplifting 1st Offense - Do I need a lawyer if I was Caught or Admitted Guilt? The maximum penalty for a 1st offense shoplifting charge is a fine. You cannot be sentenced to jail, even if you have a prior offense, regardless of whether it is still on your record or not, so long as it is not a prior Shoplifting conviction.
Even if this is your first offense, you can be charged with a felony. The first thing you should do is see if the merchant will accept payment in return for encouraging the State to drop the charges. For more legal help with shoplifting, stealing, or theft, use the free tool below.
You have no conviction, but the court has a record that you participated in the pretrial diversion program. If you get a second charge, especially for shoplifting, it is extremely unlikely that you will get a second chance to participate in a pretrial diversion program.
Often times, it is not the police who catch people shoplifting, it is the loss prevention people at the store who then call the police. Since the police did not observe the crime and it is a misdemeanor, they have to apply for a criminal application.
For example, if you have stolen a 24-karat gold chain, or a child was involved in the act, you will not be offered the same plea bargain as a person alleged of slipping a pack of mints into their pocket. The first thing you should do is ask your attorney to talk to the merchant.
The first thing you should do is ask your attorney to talk to the merchant. See if the merchant will accept payment in return for encouraging the State to drop the charges. Be aware that the merchant does not have the authority to drop the charges. The State is pursuing the case. Only the State can drop the case.
There is no standard case when it comes to shoplifting. People can shoplift anything and everything. Shoplifting can cover everything from candy to alcohol, combs to jewelry, and cleaning supplies to computer equipment. Not only this, but shoplifting laws vary greatly from state to state.
Shoplifting, Stealing, and Theft: A First Time Offense. Factors like the value of the stolen goods, if minors were involved, if you were caught on tape, and more can distinguish shoplifting, stealing, and theft charges. Even if this is your first offense, you can be charged with a felony.
You have no conviction, but the court has a record that you participated in the pretrial diversion program. If you get a second charge, especially for shoplifting, it is extremely unlikely that you will get a second chance to participate in a pretrial diversion program.
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.
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.
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.
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.
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.
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.
$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
The maximum penalty for a 1st offense shoplifting charge is a fine. You cannot be sentenced to jail, even if you have a prior offense, regardless of whether it is still on your record or not, so long as it is not a prior Shoplifting conviction. The larger problem is that if you do not already have a record, this will create one. Often times, it is not the police who catch people shoplifting, it is the loss prevention people at the store who then call the police.
It is also important to have an attorney just in case the complaint does issue. It is one thing for an attorney to dance around an admission without coming right out and admitting guilt where a defendant on his/her own will be admitting guilt on the record if s/he speaks for him or herself.
The Clerk Magistrate hears the police report, read by a police representative, and then allows you or your lawyer to speak in your defense. The Clerk Magistrate then determines if there is sufficient "Probable Cause" to issue a Criminal Complaint.
Often times, it is not the police who catch people shoplifting , it is the loss prevention people at the store who then call the police. Since the police did not observe the crime and it is a misdemeanor, they have to apply for a criminal application. This sets up a Clerk's Hearing to which you would be summonsed.
That admission could be used later at the criminal level if the complaint did issue whereas what the attorney says is not testimony but argument. The simple advice is if you care about the outcome and want the very best chance of keeping this off of your record bring an attorney and make sure they have experience with these type of matters. Good luck!
If you can't afford a lawyer, ask the court to see if you qualify for a taxpayer paid public defender.
Sarah, pleading not-guilty is not the same thing as saying, I didn't do it. It's saying, "I am standing on my Constitutional right to have the State prove me guilty in a court of law".
Yes, you can still plead not guilty. Talk to a lawyer & only a lawyer as was suggested.
Depending on the amount allegedly stolen and the jurisdiction where the event occurred, shoplifting can be met with a mere citation (infraction), or charged as a misdemeanor or even a felony, with possible jail sentences of 6 months to 3 years. It will be up to the D.A. to determine how the crime will be charged. I suggest that you hire an experienced criminal defense attorney to represent you and get you the best deal possible.
Typically for a first offense the defendant is offered either a diverted sentence or Pre Trial Diversion. If you are offered either of those options you should strongly consider taking it. Otherwise you should probably plead not guilty.
If you are convicted, there is nothing left to plead, because conviction = guilty. Moreover, theft is a crime of moral turpitude, so if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea that you will regret for life.
Shoplifting is a petty theft. Petty theft is a misdemeanor. A misdemeanor is punishable by up to a year in county jail and/or a $1,000.00 fine. First time offenders normally receive three years probation, a fine, and community service or Cal Trans.