What will happen will happen after being caught stealing from an ATM? 38 Answers as of May 12, 2011

18 year old high school football player who has not had any prior trouble with law was in the car with a 21 year and they stole from an atm. the 18 year old is set to graduate this year, he is a quiet student and does not make any trouble. Will he have to serve any jail time?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You should hire an attorney , it depends on how much was stolen etc.
Answer Applies to: New York
Replied: 5/12/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
The answer to this question depends on what charges, if any, are brought. Until the prosecutor decides to charge it is almost impossible to determine what a likely outcome is. If this is the persons first offense, the likelihood of jail time is remote but again will depend on the charge. For more information contact us.
Answer Applies to: Michigan
Replied: 5/11/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
That is likely a felony and a very serious charge. That he plays football, is quiet, and has never been in trouble before is not the relevant inquiry. Misdemeanor larceny, felony grand larceny, and felony burglary carry with them potential jail time. Both defendants need competent defense counsel. We can be reached toll free for a no cost, no obligation consultation
Answer Applies to: New York
Replied: 5/9/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It will likely depend in large part about whether he gets a good lawyer and in what county the entire thing happened. Oh yes, and how much money was stolen. Consult with an experienced criminal lawyer right away and hire the one you feel most comfortable with. Good luck.
Answer Applies to: New York
Replied: 5/9/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
He will be prosecuted for theft. Whether he does jail time depends upon the disposition reached in the case.
Answer Applies to: California
Replied: 5/9/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Each case is different based on the facts and the people involved. It is impossible to say what will happen without learning the entire history and events that took place. It is important that he speak with a lawyer as soon as possible.
    Answer Applies to: New Hampshire
    Replied: 5/9/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Most likely probation, but you still need him to have counsel. He needs youthful offender treatment, probably. Stay well.
    Answer Applies to: Alabama
    Replied: 5/6/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It's possible, but if he is as clean as you say, then it's foreseeable that he could get off with merely probation. Given his age, HYTA is an option which could possibly keep the conviction off his record. Retain an experienced criminal attorney as soon as possible.
    Answer Applies to: Michigan
    Replied: 5/6/2011
    Kevin Smith, Attorney at Law
    Kevin Smith, Attorney at Law | Kevin Smith
    If he has never been in trouble before, he is likely to be eligible for a pretrial diversionary program known as Accelerated Rehabilitation. He can apply for this program and, if accepted and he successfully completes it, his case will be dismissed. Of course, if the crime he is charged with is serious enough he may not be eligible, so you would be best served by contacting an experienced criminal defense attorney to discuss the case more thoroughly in confidence.
    Answer Applies to: Connecticut
    Replied: 5/6/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Jail time is the decision of the Judge who hears the case. It would depend upon the charge and the individual's prior criminal record. Typically, I would not expect jail time, but probation for a conviction of this sort.
    Answer Applies to: Kansas
    Replied: 5/6/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    He should apply for Diversion. Probation with expungement at the end if he successfully completes probation.
    Answer Applies to: Tennessee
    Replied: 5/6/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    I need more information. Is the ATM at a bank or at a store. If it is at a bank it is a federal offense.Visit my website for more information. You and/or your son certainly need to hire an experienced attorney such as myself that has handled these types of cases.
    Answer Applies to: Michigan
    Replied: 5/5/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    The question as to whether or not this young man would serve any jail time cannot be answered with the facts given in your question. In Oregon, he could be charged with Theft I, Theft II, or Theft III, depending on the amount stolen. Theft I is a felony, which has significant implications beyond just jail time. If the theft from the ATM involved the use of someone else's ID, then he could be charged with a felony ID Theft. The prosecutor and court will take into consideration a clean record and the youth of the student, but jail time is always a possibility.
    Answer Applies to: Oregon
    Replied: 5/5/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    He is eligible for Youthful offender Treatment and will likely plead to a felony Grand Larceny and be given 5 years probation. He will not have a criminal record and will not serve any jail time unless he violated the terms of the sentence or probation. He must be given some type of counseling since his actions indicate that he is not making rational decisions and has not considered the consequences of his actions. He does not appreciate the importance of his reputation in the community and having a clean criminal record and if no intervention is made he will almost certainly continue to make foolish decisions and get arrested again.
    Answer Applies to: New York
    Replied: 5/5/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The youth will probably not serve jail time, if the theft was for a small amount of money. If restitution has been made to the bank/victim of the offense, this is all the better. You do not say if charges were brought against the youth, or whether this case if in a Federal or State court. Unless the boy has been arrested and charged, I would suggest pay back the stolen money. If charged, you should consult with an attorney, as he could be jailed for this offense, although that is not likely. Keep in mind the consequences of a conviction in this matter, for that could have a huge impact on his future life. Get a lawyer for him.
    Answer Applies to: Illinois
    Replied: 5/5/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If charged with a felony, you potentially face one or more years in prison if convicted.
    Answer Applies to: California
    Replied: 5/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Your kid need to see an attorney and discuss options and any possible defenses. Cannot tell from facts here but it seems kid may not have had any involvement other than presence. That is not a crime.
    Answer Applies to: California
    Replied: 5/5/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    It is unlikely he will spend any time in jail. Of course that depends how much he stole and what he is charged with, theft, burglary. Likely he will receive a deferred imposition of sentence or probation, spend some time on supervision and pay restitution.
    Answer Applies to: Montana
    Replied: 5/5/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This will depend upon the specific details of the case and the value of the amount stolen. The fact that he is under 21 may mean that the charges against him could be reduced and/or suspended in return for pleading guilty. This all depends upon his involvement in the crime and the willingness of the DA and Judge to accept plea deals. Because this could represent a potentially serious conviction for the 18 year old it is strongly advised that he hire an attorney to defend him in this matter.
    Answer Applies to: Louisiana
    Replied: 5/5/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It depends on state. In Alabama you can apply for youthful offender in state court if not a juvenile. If it is taken from a bank, it is possible it will be a federal crime, which is much worse. Talk to an attorney as soon as possible. There is no way of knowing outcome without knowing state or federal.
    Answer Applies to: Alabama
    Replied: 5/5/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Depends on the amount stolen. If its under $750 it could be charged as a misdemeanor, which could probable be resolved with a diversion (stay out of trouble for a year, case is dismissed). If its is charged as a felony, there would be some jail time probably, but more importantly, he would have a felony conviction. This first felony for an 18 year old should be avoided at all costs. Do not plead guilty to a felony.
    Answer Applies to: Washington
    Replied: 5/5/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    This depends on penal code section he OS charged under. Get an attorney. If there was no damage this should be a probation case.
    Answer Applies to: California
    Replied: 5/5/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    An attorney would need to know the county where this occurred, how much was taken in the theft, whether the ATM was damaged, etc. The victims also have a say in this matter.Normally, an 18 year old would be eligible for youthful offender status. This would mean that the charges could be disposed of without the youth having a criminal record and would only involve probation, fines, cost of court and restitution. Youthful offender status is not automatic and is let to the discretion of the court.
    Answer Applies to: Alabama
    Replied: 5/5/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Probably not but theft is a moral turpitude offense having ramifications later in life. I would get a good lawyer or ask for the public defender if you cannot afford to hire a lawyer. A good lawyer may be able to prevent a theft conviction.
    Answer Applies to: California
    Replied: 5/5/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I am a former career state and federal prosecutor who presently practices criminal defense in Augusta. No one can predict what a judge will do. However, I can tell you that it is imperative that you retain an experienced criminal attorney ASAP to represent him and advise him as to all his rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 5/5/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    An 18 year old in Nebraska is considered to be a juvenile and we may be able to get the matter transferred to juvenile court. My guess is that he is accused on a felony theft and would be looking at a minimum jail sentence 0 to 5 years in the adult system. Most first offender are eligible for a diversion program, but a lot depends on the nature of the crime. He will need a good lawyer to avoid any jail. Call me I would be happy to discuss the matter with additional facts.
    Answer Applies to: Nebraska
    Replied: 5/4/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The likely charge for staling from an ATM is larceny. (Although, depending on the facts, stolen transaction device and other charges could be made). The 18 year old, with no prior record, could ask for HYTA treatment. This would involve probation and the matter not being on their public record. There are implications to a HYTA plea even though it is non-public. Without a prior record, and with payment of any restitution and successful probation, there is a good chance that jail could be avoided, however, this will depend on a number of things, such as the jurisdiction, the judge, and the facts of the case. Should you be interested in hiring an attorney in the Macomb, Wayne, or Oakland counties in this case, you may contact my office for an appointment.
    Answer Applies to: Michigan
    Replied: 5/4/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Unlikely, but not out of the question. A first offense for petty theft would probably lead to a probation sentence, possibly a few days in jail, possibly some sort of diversion or deferred adjudication that could lead to dismissal. The offense could probably be expunged after three years. If there were other charges, such as for damaging or vandalizing the ATM, that would make jail more likely.
    Answer Applies to: Oregon
    Replied: 5/4/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    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. We can assist you in making sure that your record is not affected. For a free consultation call us.
    Answer Applies to: Minnesota
    Replied: 5/4/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    A lot would depend on how much stolen from the ATM and in what fashion. Jail time is possible. In addition, a fine and probation are virtual certainties if this person is convicted. The best advice for them is to hire a criminal defense lawyer now. There may be a way to mitigate the consequences or even have the charges dismissed if they act quickly. Much will depend on the facts of the case, and the location where it happened, but waiting to get an attorney can only make things worse.
    Answer Applies to: Oregon
    Replied: 5/4/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    If an adult has allegedly committed a theft, the best course of action is to immediately hire a private attorney. The police may take their time in detaining and interrogating the suspect. If you already have the benefit of hiring an experienced criminal defense attorney you can say with confidence that you are represented by an attorney and that the attorney should be there for questioning.
    Answer Applies to: Hawaii
    Replied: 5/4/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    That's very hard to say. Based on your description of him, I think a good attorney could keep him out of jail. It will also depend on details like how much was stolen, how premeditated the crime was, his exact role, etc.
    Answer Applies to: California
    Replied: 5/4/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    They both need the best defense attorney they can afford. These can be very serious cases, even for first offenders. Call me to discuss.
    Answer Applies to: Michigan
    Replied: 5/4/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    No jail time. Probably a diversion program or community service and petty larceny school.
    Answer Applies to: Nevada
    Replied: 5/4/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    No, but you need a lawyer to help him.
    If you have questions, call me for a free consultation, 24/7.
    Answer Applies to: Massachusetts
    Replied: 5/4/2011
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney