What canI expect regarding a shoplifting charge?
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What canI expect regarding a shoplifting charge?
I have a court date for shoplifting charges in December. I pleaded not guilty, but if prosecuted guilty, then will I be doing jail time. Is this a felony charge?
Asked on November 30, 2010 under Criminal Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First of all, shoplifting is considered to be a misdemeanor - not a felony. However it is a criminal offense. Accordingly you should without have legal representation in this matter. An experienced attorney might be able to get the charge dismissed on a technicality or possibly at least get it reduced.
Since you are a first-time offender, they may also be able to arrange for "diversion" (or your state's equivalent). This is an alternative program whereby you plead guilty to the charge, receive a special probation, and upon successful completion of the probation the charge is withdrawn and the case dismissed. Your record should be automatically cleared.
However, diversion is typically only allowed for a first offense; if you again get into trouble it will not be available to you. That's why if you get an attorney who gets the charge dismissed, you will be eligible for diversion in the future if you should ever need it.
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