When it is someone's second offense and they stole from Wal-Mart for under the amount of $100 will they go to jail? 15 Answers as of November 24, 2012

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Probably not.
Answer Applies to: Georgia
Replied: 11/24/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
That depends on the judge but many of them give sometime in jail since the person did not learn the first time.
Answer Applies to: Michigan
Replied: 11/9/2012
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It is unusual and unlikely to go to jail for shoplifting, even for a second offense. Although it is possible and within the law. You may be eligible for a diversion program or probation is a more likely outcome.
Answer Applies to: Michigan
Replied: 11/8/2012
Universal Law Group, Inc. | Francis John Cowhig
A second shoplifting offense could be charged as a felony with a possible jail sentence of 16 months to 3 years. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 11/8/2012
Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
Deferral. You are looking at a misdemeanor charge of theft in the fourth degree. That carries a maximum sentence of one year in jail. You will not likely get sentenced to jail but that is not certain since this is your second time. There are some legal mechanisms that will allow you to keep this conviction off your record. This is a significant opportunity you should not pass up. You will need a lawyer to have the best chance to keep the conviction off your record and know all the rights and problems with this course of action. This is one of my areas of practice and can help you with this case if you desire. I hope this helps you sort your legal situation out.
Answer Applies to: Hawaii
Replied: 11/8/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Probably not, however, each court handles penalties differently, and I would not suggest proceeding with the case without benefit of counsel.
    Answer Applies to: Illinois
    Replied: 11/8/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If I was sitting as judge, I would order jail time because you obviously have not learned from the first case and are still stealing.
    Answer Applies to: Washington
    Replied: 11/8/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    The person could possibly go to jail - but jail time is not mandatory until the 3rd offense.
    Answer Applies to: New Jersey
    Replied: 11/8/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Perhaps, but it is not likely depending upon the attorney you hire to handle the criminal case.
    Answer Applies to: Florida
    Replied: 11/8/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Most definitely. Petty theft with a prior can be filed as a felony.
    Answer Applies to: California
    Replied: 11/8/2012
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    That depends on a lot of things. Petty theft with a prior can be treated as a felony. If you're still on probation for your first theft, you could have your probation revoked, which could result in jail time. You might also be accused of commercial burglary, which may result in prison time. It's impossible to guess what will happen without a lot more info. Sounds like you should invest in a lawyer.
    Answer Applies to: California
    Replied: 11/8/2012
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