How hard is it to get a petty theft charge dismissed? 46 Answers as of March 29, 2012

The answer will depend on the video tape and your credibility as a witness. If the tape shows you acting suspicious or looking around nervously, the jury won't believe you. What you really need is a good defense attorney.

Yes! Intent is required. If no evidence of intent, fight the charges.

Those facts would need to be presented at a trial for the Judge to evaluate the presence of intent to deprive. I would doubt if the prosecutor would just drop the charges. Your attorney may be successful in convincing the prosecutor that the evidence is shaky and possibly get a reduction or a diversion.

Yes, there is a good chance of getting the case dismissed. Like most criminal offenses, a theft charge requires that you intend to permanently deprive the owner of their property. Sounds like you were absent minded and simply forgot about the sunglasses in your pocket. The best advice would be to retain counsel to negotiate a continuance for dismissal of the charge based on meeting certain conditions. This procedure does not involve the entry of a guilty plea or jail. At the end of the continuance period, the charge against you is dismissed without a conviction. You could then file for an expungment and seal all of the case records.

Since you did not have the intent to steal the glasses, it would be a bases of your defense. Getting a petty theft charge dismissed depends on a number of factors, such as, do you have a prior conviction for the same offense, statements you gave to the police and security officer. I would need more facts to give an assessment in dismissing your case.

If you were charged with an offense, I'd strongly recommend that you retain an attorney to assist you or ask the court appoint you an attorney payable at the public's expense. This answer does not contain specific legal advice. If you need specific legal advice, please consult privately with an attorney. Speaking generally, intent is always an issue in criminal cases unless someone is charged with a "strict liability" crime. Even a small amount allegedly stolen could be charged as a misdemeanor. A misdemeanor conviction on your record will stay on your record for a long time, even if you only pay a small amount of fines and costs. Further, if you plead guilty or if you are convicted of a "crime of theft or dishonesty," that conviction may be used against you in a future legal proceeding to attack your credibility while testifying or it may be a substantial concern to a prospective employer. I'd recommend consulting with an attorney. If you cannot afford to retain an attorney, the court may appoint you one at the public's expense if one is available and if you meet the eligibility requirements. I would never recommend pleading guilty to any criminal offense unless you understand the possible consequences for a conviction.

This case is either going to settle for a lesser charge or go to trial. It will not be dismisses. At trial the D.A. will present his evidence that you had the intent to shoplift and you need to challenge that evidence and present your own.

You may have a shot if you don't have any record and you have a prosecutor that believes that it was just an over sight. He may be willing to do a plea in abeyance where you pay a fee, complete a period of time with no violations of the law and then the charge is dismissed. Good luck.

First, is there any video from the store; second, do you have any prior theft offenses; and third, what store did this take place in. All of these issues will factor into whether it is possible to have the charge dismissed.

There is no simple answer to your question. It might be possible to get it dismissed. If this is a first petty theft an attorney can most likely work out an alternative sentence which would lead to a dismissal. You need an attorney to deal with this. A theft charge has long lasting effects.

Dismissal can come two ways. One is by going to trial and being found not guilty, the other is getting into a deferred prosecution program. Different jurisdictions have various kinds of deferred prosecution.

Maybe, but no likely. They may offer you a deferred judgment, which after probation, would result in a dismissal.

If it is your first offense it is likely you can get pre-trial probation, a continuance without a finding, or a dismissal. You should retain a criminal defense attorney to assist you in dealing with the prosecutor. It is not the prosecutor's job to help you in any way. The judge should prevent any patent unfairness, but you could still get a bad deal if you represent yourself.

Not likely. Everyone charged with retail fraud says they forgot to pay. A jury would have to determine this at trial.

Mistakes do happen and the prosecution must prove every element of the case (including a specific intent to steal) beyond a reasonable doubt. Do I think they would just dismiss based on your say so? No. Could your lawyer, after a review of all the facts, witness statements and evidence? Maybe. This won't be a do-it-yourself project. You're facing theft charges which, if you're convicted, could have a devastating effect on your future. It's time for a good local criminal defense attorney. Look for one that routinely practices in the court where your case will be heard.

The case may not get dismissed, however, your attorney could seek a dismissal from the prosecutor. If not dismissed, you will have to tell your side of the story at trial. It would then be up to the jury to determine whether your guilty or not.

There is always a chance but it may or may not be easy. You need to seek representation to try to get the case dismissed or work out a resolution that doesn't go on your record.

It's possible. You could make a motion to dismiss or convince the prosecutor that no jury would convict under the circumstances. You may also be eligible for a diversion program which could keep the conviction off your public record. Be sure to speak to an attorney before agreeing to anything.

If you order the surveillance tape and it supports your position or if you can prove that you did not have the intent to steal at the time of taking the items, then you have a good chance of dismissing the case.

If you have no prior criminal history a good case could be made, if the store will not drop it I'd hire an attorney and fight it. If the case is weak they may not want the negative publicity.

I do not believe that you did not intend to steal the glasses. Perhaps you are telling the truth, but I have that heard that story a thousand times and it is very unlikely. If it is your first offense and you retain a good criminal attorney you will probably be able to have the charge dismissed. If you are in a store and you place anything in your pocket for any reason you are very foolish, and that is the next worst thing to being a thief, either way you risk a criminal conviction that will cost you your reputation and your career. The store did not believe you, the police did not believe you, and the jury will not believe you....try to make better decisions in the future.

There's always a chance for dismissal, usually in the form of an ACD (Adjournment in Contemplation of Dismissal) which means that if you lead a law-abiding life and don't get re-arrested within (usually) a six month period, the charge is dismissed. The specifics of the arrest will definitely factor into whether you will get this (giving the police officer a hard time, cooperativeness, intent, etc) Also, any prior arrests will go against you in negotiating a plea. You may consider speaking with an attorney first.

It's certainly worth a try, especially if you have no previous history. It would probably look better if the value of the sunglasses was less than $50 and less than the shorts, and if you're somewhat older (people who shoplift regularly usually start young and have a record by the time they're around 25, so cases with older defendants who have no record are worth taking a second look at). In any case, yes, I'd try hard to get the case dismissed, because any kind of theft conviction is going to cause you major problems. Depending on where this is and whether it's a Class C or B misdemeanor, you might manage to get an offer to dismiss the case if you'll take a theft class, or perhaps pretrial diversion or deferred adjudication. If it comes down to them saying to just pay a fine and it will all be over with, DON'T DO IT. Even with no jail time or probation, that will leave you with a conviction, and you do not want that. At that point, if you don't have an attorney, you really do need to get one, and take the case to trial if necessary.

I doubt it. Did you have money to pay for the sunglasses? If so, jury might believe you, DA if coaxed by a good attorney, might wait a few months and dismiss if you do not get into other trouble. Bbut this is a suggestion to be made in chambers where you won't go.

The more likely outcome is a petty misdemeanor which is not a crime under Minnesota law, or some sort of disposition that will keep the charge off your record, such as a diversion program, a stay of adjudication, or a continuance for dismissal.

There is a chance, but you will need an attorney to show your lack of criminal intent. If you present this defense by yourself, you will be laughed out of court by both the prosecutor and the Judge.

It would be very unusual for a prosecutor to simply dismiss a charge that has been filed. A theft offense can be very serious. While any theft under $500 is a misdemeanor. Such an offense is still punishable by up to 90 days in jail and a $1000 fine. The collateral consequences of a conviction can also be extremely significant and preclude a person from finding employment where background checks are performed. Often, if you have no prior offenses, a conviction can be avoided with a Stay of Prosecution. A Stay of Prosecution means that the offense is never recorded on your record and stayed for a certain period of time to ensure that you do not have another offense.

How hard it is to get the charge dismissed depends upon the facts of the case, how aggressive the prosecutor wishes to be, and your prior criminal history (especially if you have any prior theft charges). If you have a clean record there are other possible options like: a deferred sentence, deferred findings, stipulated order of continuance. These are things yopu should discuss with an attorney.

Probably not. But if it's your first offense then maybe they will adjourn it for some time and then dismiss it if you stay out of trouble.

Shoplifting in Alabama is punishable by a fine and jail time. The intent to steal is vital but presumed once the merchandise leaves the defined area where ownership of the property should be exchanged by a purchase. So, true intent to steal does not necessarily mean mental intent. Intent in these cases is taken from actions alone. So accidentally taking merchandise out of the store usually does not relieve the person of being charged with shoplifting. These cases depend heavily on a person's prior criminal history. If it is a first time offense there may be an opportunity to drop the case with court fines and costs. A dismissal in these cases may or may not require community service depending on the jurisdiction. An attorney can usually negotiate with the local prosecutor and work out a favorable outcome that judges will accept. The problem is there is an old civil law on the books that some retailers use to get people to pay a penalty. This law does not even require the property to leave the premises. It is routinely used by the "discount" stores in Alabama. So, even if the criminal charge is dismissed the "discount" store may still seek damages in a civil suit usually for $200 or more dollars.

no intent to steal is a defense. Had to say how hard it will be to get the DA to dismiss but certainly worth the effort.

It's not only possible but, more importantly, essential as a petty theft conviction will have long lasting and devastating consequences to your future including disqualifying you from future employment opportunities. Ultimately, what is possible will depend on all of the facts and circumstances of your case. That being said, your best chance of obtaining a dismissal is to hire and experienced criminal defense attorney which is really what you should do. I hope this answer was helpful. Good luck.

To convict you of theft, the proseutor must prove intent to steal. Unfotunately, you probably have to present that defense to a jury. Better to pay the civil penalty to the store and move to dismiss pursuant to the compromise of misdemeanor law.

Depends on the DA, the Judge and the jurisdiction. You may qualify for a pre-trial intervention or a deferred adjudication probation which have the affect of dismissal. Regardless, you are going to need a skilled lawyer to handle this and get you these great deals.

Of course there is a chance. Is it a great chance? Maybe and maybe not. If the store agrees that it seems to be a mistake, then you'd be far more likely. You should really be talking to your attorney about these things though. good luck!

Yes, you may be able to get them dismissed. A few things that would come into play, how old you are, how much the sun glasses were, and whether you are in school or not.