Question: Can A Theft Charge Be Dropped?

Can felony theft charges be dropped?

Under most circumstances, a felony theft conviction can be reduced to a misdemeanor, and then expunged..

What evidence do you need for theft?

The prosecutor must prove beyond a reasonable doubt that you violated the law, but they need evidence to do so. Even when witness testimony, documents, exhibits, and other materials seem substantial, the information may not be enough to meet the prosecution’s heavy burden.

What happens in court for shoplifting?

When you appear before the judge at your arraignment, you will be explained what the charges against you are. The judge will also ask you how you plead. You can plead either guilty, not guilty or no contest. If you plead guilty or no contest, you will pay a fine, may be given community service and may do jail time.

Can you get probation for a first time felony?

In most states, it is absolutely possible to get probation for a first time felony. In some cases it is mandatory probation.

What happens if someone presses charges on you for theft?

Once theft charges have been filed against you, you will be summoned to appear in court. For minor charges (misdemeanors), a court summons usually arrives in the mail. Do not ignore this. If you fail to appear in court at the designated date and time, a warrant could be issued for your arrest.

What can a petty theft charge be reduced to?

A petty theft is reduced to an infraction in a limited number of cases, generally where the value of the money, labor, real or personal property taken is of such a low value and the person that is being charged does not have any other theft or theft-related convictions.

Will I go to jail for shoplifting first offense?

The short answer is no, you will not go to jail for a first time shoplifting offense. Jail time is a possible penalty for many criminal offenses, but with jail overcrowding and the prevailing notion that a criminal defendant should be given a second…

Do you always go to jail for a felony?

A felony conviction, like a misdemeanor conviction, may not result in time behind bars. But felonies carry potential imprisonment that ranges from time in prison (a year is often the low end) to life in prison without parole or even death. As with misdemeanors, states may also subdivide felonies by class or degree.

Does Walmart drop charges in a theft case?

Frequently, new clients are concerned with whether or not a retail store, Walmart, Target, Macys, Home Depot, or the like, can simply drop their shoplifting charges without going to court. The simple answer is usually: no. Don’t waste the time trying to call and speak to the store.

What kind of charge is receiving stolen property?

Receiving stolen property is a serious criminal offense under California Penal Code Section 496(a) PC that can result in a felony conviction.

Can a theft case be dismissed?

Compromise of Misdemeanor: In misdemeanor (not felony) theft cases, if the victim of the theft (such as a store) agrees in writing or by appearing in court that the damages have been paid for and that they have no objection to the case being dismissed, the judge may dismiss the charges.

Do you need a lawyer for a shoplifting charge?

If you are charged with shoplifting, it is imperative that you hire a lawyer to represent you in court. Depending upon the surrounding facts and circumstances of your case, your lawyer can work with the prosecutor and judge to seek an outright dismissal.

How much do you have to steal to go to jail?

The stolen property’s value is often what determines if the crime is a felony or misdemeanor. In order to be a felony theft, the value of the property must exceed a minimum amount established by state law, typically between $500 and $1,000.

How long does a theft case stay open?

When a case is pending, the statute of limitations will determine how long it will stay open. Generally, the statute of limitations for most felonies is three years.

How can a shoplifting charge be dismissed?

Shoplifting charges can be dismissed or reduced to lesser, non-theft offenses through a number of plea bargains a defense attorney can negotiate. If your shoplifting case is your first offense and you have no prior criminal history, your charges can be dismissed by way of deferred entry of judgment (DEJ) or diversion.

Can you go to jail for buying stolen goods without knowing?

Under California law, it is illegal to receive, buy, sell, conceal, or withhold from its owner property that a person “knows” is stolen. … A felony conviction for receiving stolen property is punishable by up to three years behind bars and a fine of up to $10,000.