what happens to first time offenders for shoplifting
Our function often is asked the above question from a potential customer recently arrested or cited for shoplifting. My answer is usually, "I apologize for sounding like a lawyer, merely the respond is information technology matters."
The Reader's Digest Version: Shoplifting is punishable by up to half-dozen months in jail and a $1,000 fine, plus penalties and assessments. Under sure circumstances when 1 has a certain prior criminal history, information technology tin can be charged as a felony, even nether the new Prop 47.
I then verify that the value of value of the items allegedly taken is less than $950 (the limit for footling theft), that the shoplifting did not involve a firearm and that the items were non taken from a person, as this would no longer be shoplifting.
I then explicate what the minimum punishments prepare forth by statute are, followed by what is dictated by the facts of the case and the prosecutor's discretion. I exercise my best to explain how plea bargaining works are what types of arguments and information matter.
Walmart In that location is no minimum fine or minimum jail, however, the Commune Attorney's plea deal and the guess, if he or she is sentencing someone, tin can order upward to a $1,000 fine, plus penalties and assessments, and up to half dozen months in jail.
In the vast majority of cases, especially first-time shoplifting cases, the customer will not spend one twenty-four hours in jail and the fine is anywhere from $150, plus penalties and assessments, to $250, plus penalties and assessments.
The client usually besides must pay a booking fee to the city that booked him or her, if the person was booked.
When the value of the items is $50 or less, the shoplifting can be charged every bit an infraction. The fine on such an infraction is upward to $250, plus penalties and assessments. The advantage to pleading to an infraction is that there is no probation associated with an infraction and an infraction is the same level of a law-breaking equally a parking ticket, then it is often not even looked at by employers, landlords or anyone else reviewing 1'due south criminal history.
Sephora Upwardly until quite recently, many prosecutors throughout Los Angeles, Orange, Riverside, San Bernardino and Ventura County used to offer diversion programs for outset-time shoplifters, especially if the shoplifter was nether age 24, a student and the value of the items taken was less than $300. Nether a diversion program, the client would exist afforded a dismissal of the case if he or she performed a certain corporeality of community service – usually anywhere from 5 days to twenty days, depending on the facts of the case – and completed an anti-theft form to improve sympathise what causes one to shoplift and the many collateral furnishings of shoplifting.
Other times, prosecutors were amenable to amending the complaint to criminate a violation of Penal Code § 415(two) (Disturbing the Peace by playing i'due south music at a loftier level) or Penal Code § 602 (Trespassing) to spare the client a confidence for a criminal offense involving dishonesty, every bit such a conviction can have agin employment furnishings. Sometimes, the prosecutor would allow our client to plead to 415(2) or 602 as an infraction. These ways to resolve a instance are getting harder and harder to as of late.
In discussing the case with the client, it is inevitable, it seems, that the discussion shifts to ways of having a shoplifting example dismissed via a civil compromise (Penal Code §§ 1378 and 1379). This is done through a motility that shows the defendant has paid the "victim" for all damages, which often include items damaged during the crime and loss prevention expenses, and that the victim is no longer interested in prosecution. A further give-and-take of this motion should be undertaken with one's attorney. This law business firm has written a split commodity on this topic and it is posted on our website.
When one has a prior conviction for shoplifting or petty theft, or any theft-related offense (grand theft, receiving stolen property, grand theft auto, carjacking, robbery or break-in, for case), the prosecution has a very dissimilar approach to resolving the case.
Also, if i has one prior theft-related conviction and a sex crime conviction for which ane must annals every bit a sex offender under Penal Code § 290, or one has a prior serious felony confidence (as defined under Penal Code § 1192.7) or a prior violent felony (as defined under Penal Code § 667.5(c)), the minor shoplifting charge also can be filed every bit a felony or a misdemeanor. When information technology is filed equally misdemeanor, the maximum jail time one faces is half dozen months or 1 year if one has a prior petty theft.
When the instance is filed a felony, the minimum prison term is sixteen months and the maximum term is three years. If the client has prior strike offenses, the sentence can exist doubled.
For more information about shoplifting, click on the following articles:
- What Is Shoplifting and Its Defense?
- Immigration Consequences of a Confidence for Shoplifting
- What Is Commercial Burglary (Penal Code § 459) and What Are the Defenses?
Contact Greg Loma & Associates
Source: https://www.greghillassociates.com/what-punishment-do-i-face-for-shoplifting-probation.html
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