What happens if I was caught stealing for the second time? How? 8 Answers as of March 10, 2014

I was cited for taking an item (value $10.59) from target. I had a prior petty theft conviction about six or seven years ago and had it expunged. I was not on parole and have not been for some time. I have no other convictions and served some 48 hours of community service for the first offense, 3 years probation and served one day in jail (although it was not ordered by the judge, I just was slow on getting an O.R.). I was given a citation for PC 484(a)-Petty theft by the officer. I was sure to not say anything when questioned, as I was sure that nothing I said could be used to help me. I would like to ask what I can expect to happen with this case? Is there any possibility for dismissal or other sentence where I avoid getting a record from this (i.e. plea bargain, etc.)? What should be my main concerns? Is jail a real probability?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You are going to jail, because that is the only way that the judge will understand that you understand.
Answer Applies to: Georgia
Replied: 3/10/2014
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Shoplifting items of a value of less than $950.00 is petty theft. The first three times a person is convicted of petty theft it is a misdemeanor. However, if the amount stolen is worth $50.00 or less it may be charged as an infraction. If you have three or more priors for petty theft, the next one can be a felony or a misdemeanor. Infractions are punished by a fine. Misdemeanors are punished by up to one year in the county jail and/or up to a $1,000.00 fine. Felonies are punished by sixteen months, two years, or three years in state prison. The normal punishment for first time petty theft is three years summary probation, a fine, community service, theft classes, and restitution to the victim.
Answer Applies to: California
Replied: 3/5/2014
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Depending on your record, we may be able to have the case dismissed.
Answer Applies to: Nebraska
Replied: 3/5/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Have no idea if there is the possibility of a dismissal since I haven't seen the case. While your record may have been "expunged", the judge is still able to see what happened with that case. This is a second offense, if convicted, the maximum penalty is one year in jail and a $5,000.00 fine. What that sentence is, is ultimately up to the judge. One thing for certain, the judge will consider this a second offense, and probably figure that you haven't learned from past experience. If convicted, I would expect you to do jail time.
Answer Applies to: Washington
Replied: 3/5/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Petty theft with a prior can be filed as a felony, which means state prison. Time to shop around for a lawyer.
Answer Applies to: California
Replied: 3/5/2014
    Gates' Law, PLLC | Thomas E. Gates
    You have no basis for discharging the charge. Your previous sentence was rather extreme and, that may not help you here. Still, I see community service, pay a fine, pay restitution, stay away from the store, and probation. Jail for $10.59 not likely.
    Answer Applies to: Washington
    Replied: 3/5/2014
    LeadfootSpeedingTicket.com
    LeadfootSpeedingTicket.com | Andrea Storey Rogers
    Yes, jail is a real possibility. In Missouri, the maximum penalty for petty theft is 1 year in jail and a $1,000 fine. If you hire a lawyer to represent you, the lawyer can probably get the charge dismissed or reduced to a lesser offense.
    Answer Applies to: Missouri
    Replied: 3/5/2014
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    There is a possibility that this can stay off?your record but that is not so good because of the prior matter.
    Answer Applies to: Michigan
    Replied: 3/5/2014
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