Can I get my charges dismissed for shoplifting? - Criminal Law Questions and Answers- LawQA.com

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Can I get my charges dismissed for shoplifting?

I was recently caught shoplifting and I am over the age of 18; however this is my first offense and is a misdemeanor. I was wondering what I should do and the likelihood of getting the charges dismissed, please help?

Law Office of Geoffrey M. Yaryan
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It's unlikely you can get the charges dismissed however you may be able to have it reduce to an infraction which is like a traffic ticket.

Answer Applies to: California
Replied: 5/16/2011

Answer By Thomas J. Tomko
Thomas J. Tomko Attorney At law
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In Michigan, an 18-year old may be eligible for HYTA treatment of an offense such as shoplifting (Retail Fraud). Alternatively, a deferred sentence could be possible. In either case, the agreement of the prosecutor and the Judge is needed. In either case, the ultimate result is keeping the matter off your record. (HYTA is a sealed record, deferred sentence will put it on your record for 1-year and then it will be dismissed) You should consult an attorney to represent you in this case. You may contact my office to discuss hiring me to represent you.

Answer Applies to: Michigan
Replied: 5/14/2011

Howard W. Collins, Attorney at Law
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Shoplifting is usually charged as a class B or C misdemeanor. It is not a major offense, but can really screw up getting a job or keeping a job when the employer finds out. Some DA's have programs where you can enter into a diversion program and have it handled in such a way that when you have completed the diversion, the case is dismissed. You may be served well to have an attorney walk you through the process even if he can't get his magic wand to work and get the case dismissed outright.

Answer Applies to: Oregon
Replied: 5/13/2011

Answer By Seth J. Bloom
Bloom Legal, LLC
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If the charges have been picked up then your best option is either to fight them in court or attempt to strike a plea deal in which you plead guilty to a lesser offense. Another option would be to attempt to negotiate for a reduced and/or deferred sentence in return for probation or other deferral programs. The best way to attempt to negotiate this sort of deal is to hire an experienced criminal defense attorney in your area.

Answer Applies to: Louisiana
Replied: 5/13/2011

Answer By Jules Fiani
Jules N. Fiani, Attorney at Law
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If you are charged with a crime between 17th-21st birthdays with a criminal offense such as yours, you can request consideration under HYTA and if you successfully comply with the terms and conditions of probation your case would be dismissed. Visit my website for more information.

Answer Applies to: Michigan
Replied: 5/12/2011

LynchLaw
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There are a couple of actions a lawyer can help you with such a charge. One of the actions you can take on your own is to make the store whole again. If the store is compensated for the crime, meaning the replacement of the item taken, and all of the costs associated with the investigation of the crime, then the case might be dismissed under what is called a civil compromise. You would need a letter from the store informing the DA and the Court that they have been compensated in full for anything related to the incident.

Answer Applies to: California
Replied: 5/12/2011

Answer By Tracey Sang
Law Office of Tracey S. Sang
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Cases are seldom simply dismissed. There needs to be a very good reason or defense for a DA to do this. Assuming the facts of the case are not too egregious, however, there are many types of plea bargains that can be made that would result in an eventual reduction or possible dismissal in the future. A good attorney can help you evaluate your case.

Answer Applies to: California
Replied: 5/12/2011

Law Office of Phillip Weiser
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The ability to dismiss a charge is completely in the discretion of the prosecutor. You or your attorney can negotiate with the prosecutor and if the facts or evidence is not strong enough to secure a successful prosecution, the prosecutor may choose to dismiss. Another way of securing a dismissal would be to enter into a diversion agreement with the prosecutor, whereby if certain conditions are met, the prosecutor would agree ahead of time to dismiss the charge. You should consult an attorney.

Answer Applies to: Kansas
Replied: 5/12/2011

Timothy J. Thill P.C.
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There are two possibilities for you, one is asking the court for theft deterrent school, the second is to ask for supervision, which is a plea of guilty, but if you complete the supervision period satisfactory, a conviction will not be entered on your permanent record. Go to court with an attorney, who knows exactly how to get one of those dispositions.

Answer Applies to: Illinois
Replied: 5/12/2011

Answer By Michael Moody
Law Office of Michael Moody
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If the victim-store agrees, you will be able to go through a Pre-trial Diversion Program, which involves community service and watching a film about how shoplifting steals from us all. You definitely want to get into the diversion program. You must have a lawyer to get into the program. If you successfully complete the program, the charge will be dismissed. Any record of theft will pretty much guarantee you won't be able to find meaningful employment. The bad part is the arrest will remain on your record unless you can get the prosecutor to agree to expunge the arrest as well.

Answer Applies to: Georgia
Replied: 5/12/2011

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