What will happen regarding a first offense shoplifting charge for $50?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What will happen regarding a first offense shoplifting charge for $50?
My 18 year old son got arrested for shoplifting. The police released him to me and was going to make him do 7 days in jail but let him go because he is still in school(he is a senior). He has a court date in about 2 weeks. The police said he might have to do weekends in jail and pay a fine of $800. The store of course had it all on video and my son admits to taking it; it was in his backpack. He knows it was wrong. I think he was scared because this was his first offense. What could possibly happen?
Asked on November 27, 2011 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First of all, for a first offense shoplifting charge of $50, jail in all likelihood is not going to happen (unless he resisted arrest, etc). The fine as well will probably be reduced.
In a situation in which the defendant has no prior criminal record, the courts allow for a special probation called "diversion". This is an alternative sentencing tool that allows a person to clear their criminal record upon successful completion. It works like this: the defendant goes to court and plead guilty to the offense. The judge then issues a probation (typically community service, payment of the fine, resitution, etc). If and when the sentence is fully completed, the plea is withdrawn and the case is dismissed. In other words, the case is "diverted" out of the criminal justice system. Your son will be left with a clean criminal history record.
At this point you may want to consult with a criminal law attorney. Diversion is only available to first-time offenders. If they can get the charge dropped on a technicality or the like, then diversion would be available to your son in the future should he ever need it (hopefully not).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.