What happens if I was caught stealing for the second time? 49 Answers as of November 21, 2011

You have not provided enough information for me to be able to predict the final result. There are lots of factors a judge may consider in deciding what sentence is appropriate. The one thing I can say is that it is not likely that you will get off with only paying some fees. You need to hire a lawyer to assist you in determining your alternatives and what is in your best interest to do.

I would need all the details of the facts to answer better, but generally sentencing is up to the judge, however the judge usually goes along with a negotiated plea bargain between the prosecutio0n and the defense attorney and the recommendation of the probation department. You should hire an attorney.

It can be filed as a felony, with all the consequences that flow from that.

If you were on probation at the time of the offense, you might be up for a charge of violating your probation.

It this is your second offense, upon conviction, the likelihood of you spending time in jail is increased.

No way to answer that without a lot more information but it is obviously not good.

It is probable that your penalties will be greater the second time than the first. The idea is that you are supposed to learn better the first time so there is not a second. If you didn't learn, they will try harder to teach you. Whether or not you do jail time depends on too many factors to explain here, but it is a pretty good bet.

A lot depends on what you stole, and the circumstances under which you committed the crime. You already have been sentenced to probation once for the same offense, it is possible that you will end up doing some jail time, this time. Then again, you may get probation again, but with stricter conditions, like curfews or community service, as well as some counseling. You need to consult with counsel to get the best possible disposition possible.

You didn't supply enough information for me to answer intelligently. But, it sounds like you're in big trouble this time.

It depends. A number of factors go into determining whether you will get probation again. Of course, the first issue will be how the case gets negotiated and you accept a plea. Sometimes, the DA can agree to you obtaining probation again. You have the right to counsel of your choosing and if you are not eligible for the public defender, you should strongly consider hiring an attorney. Good luck.

It is difficult to answer your question from the information provided. It would be highly possible that you may serve some substantial time on this one.

That depends on the judge and the circumstances if you will have to spend time in the jail.

Depends on the county, judge and DA. Also depends on how much and when your prior was. Both of your options are available in Harris County.

It depends on what you stole, how much it was worth, what location it was taken from, if any weapons or threat of force was used, etc. That could make the difference between a misdemeanor and a serious felony. If you have been charged, you need to seek counsel from a lawyer before agreeing to anything or pleading to anything.

A theft offense can be very serious. A conviction would leave an indelible mark on your record and it can impact future employment and other opportunities. As a result, an aggressive defense is necessary. As a misdemeanor offense, a theft under $500 is punishable by up to 90 days in jail and a 41000 fine. Often if you have a clean record and/or viable defenses, you may be able to avoid a conviction with a Stay of Prosecution which upon completion of certain conditions, may result in a dismissal of the charge.

You will be placed on probation.

It depends, mostly on the value of the item(s) you allegedly stole.

Shoplifting is a serious offense that cost taxpayers and stores billions of dollars a year. You were given a break and placed on probation, but you went right back to shoplifting. You are not a good decision maker. you have ruined your reputation and chances if getting a good job for the rest of your life for a few dollars. You are at risk for going to jail for 90 days, 6 months, or a year, depending on your lawyer, the prosecutor, the judge, and the city you are in. You should retain a good criminal lawyer, but I suppose you cannot afford the $5,000 that he would charge you. If you are stealing to support a drug addiction you should get into counseling and hope that the court will take that into consideration at sentencing. If you are young and impulsive and steal for the thrill of it you need to get a better hobby. If you are a professional shoplifter you need to find a better way to earn a living. If you steal because you are immature and do nor understand that it is not a good decision then you need to understand that you will get caught and you will eventually spend a year in jail. You can choose a life of crime, drugs, and prison, or you can get a good education, work hard, stay out of trouble, and find a career you love. The choice is yours, choose the latter. If that sounds harsh and critical then welcome to the real world. I told you what you need to hear, not what you might want to hear.

Petty theft with a prior can be filed as a felony.

More than likely you will just get fines and community service (which is mandatory under the statute) - however, it really depends on the Judge and how close in time your first offense was.

You are getting into the range of going to jail this time.

Each case is unique so it is impossible to say at this time. However, it is more likely that you would be facing jail time since this is a second offense.

It depends on the level of the offense and the policy or the D.A. Call your attorney or us to discuss.

That will depend on the judge and prosecutor. Neither of them are going to be too happy to see you again on this kind of offense or any other. Still, jails are overcrowded so you may be sentenced to work crew in lieu of jail. Be sure to knock out the work crew hours as fast as possible because the alternative to work crew is jail.

That depends on if you have any other record, the amount stolen, and several other factors, which can vary from jurisdiction to jurisdiction.

Jail time is quite likely on a second offense. Your own lawyer could make this easier and possibly avoid jail in some courts.

The good news is that the law changed recently. It used to be with one prior conviction for theft, a new petty theft could be charged as a felony. Now it's 3 priors and your fourth can be a felony. At least you're only looking at a misdemeanor, assuming all they charge is the theft (instead of something worse like burglary). Are you looking at jail time? Potentially. The jails are overcrowded, so it may not be a long sentence or you could get an early release, or there may be an alternative to jail such as house arrest, community service, fines, etc. You'll definitely need a local criminal defense attorney to help you out and try to avoid jail.

Likely probation again, but it depends on the value of the stolen items and the rest of your record and your judge and whether you plead guilty, etc.

Yes, you could do jail time; yes you could pay fines. The likelihood of both is greater because you apparently have a history.

Generally a prosecutor gets more serious when dealing with a second or more theft. However, depending on the specific facts of your case, the prosecutor, your lawyer, the judge, and which jurisdiction you are in, probation may be a possibility. Also, I am assuming that the theft was for something valued less than $1,000 so it's a misdemeanor rather than a felony. Also, even misdemeanor theft amounts may be charged as felonies, depending on the number and and how long ago the priors were.

If you get convicted it is up to the judge what sentence to impose.

A great deal of the punishment depends on your history, what was taken/recovered and the length between the former offense and the current one.

That will be the district attorney's decision and the judge

The punishment or sentence will be up to the judge. Beware, because if you get convicted of this offense, the third offense will be a third degree felony, regardless of the value of the item stolen, so long as all three convictions are within 10 years of each-other. I recommend that you retain a competent defense attorney to help you with your case, to minimize the risk of jail. Good luck!

If you served any time or were booked/released and given a day credit on the first case (and if that case was a petty theft conviction), then they can file a petty theft with prior (PC 666) on the second offense; this can be a felony or misdemeanor and if a misdemeanor it carries a one year maximum; if a felony it carries a maximum state prison sentence of 3 years. You could do jail time on a second conviction; you should consult an attorney early in the proceedings to get you the minimum charge with the minimum consequence. The consequence will depend on several factors (loss amount, age of the prior conviction, details of the prior conviction, details of the new case etc.) Each case is different, so get a consultation.

This question cannot be completely answered for a couple of reasons. The primary reason is that the judge decides your fate and he or she probably doesn't even know what is going to happen yet. The other thing that affects the answer is the value of the thefts. A person who steals two candy bars is treated differently than a person who embezzles a million dollars. Assuming that the value was relatively low on both cases then I would say that you probably will not have to spend a lot of time in jail for this second offense. However you should never pick up another case of theft because these cases can affect your employment prospects and whether or not you are believed by anyone who learns of these cases. You should contact a lawyer because you are correct in assuming that the punishment increases with each new case.

It depends on the facts of your case. A second time offense for stealing will probably require higher fines and more community service if not jail time. You should speak to an attorney to discuss your options.

It really depends on the prosecutor and judge. Depending on the county that this occurred in, I can see them seeking jail if you were already given probation on a similar offense. Best to consult with an experienced defense attorney in your county.

It depends on what the charges are. Larceny is a much more serious crime with a jail penalty than shoplifting of a second offense.