First time shoplifting at kohls worth 55 from IL

Hey, my son 19yrs shoplifted at Kohls and the stuff was worth 55.56 in total and
has never even got a speeding ticket. He accepted right away that he stole it and
he was written up a trespassing notice from Kohls and the police officer gave him
a ticket for a court date. WHAT CAN POSSIBLY HAPPEN? IS MY SONS LIFE DONE
FOREVER? CAN HE TAKE THIS OFF HIS CRIMINAL RECORD?

Asked on June 30, 2017 under Criminal Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since this is your son's first offense, he will not receive jail time. However, in that this is a criminal offense he should consult with a defense attorney who might be able to get the charge dismissed on a technicality. The fact is that the sooner he gets a lawyer, the better the potential outcome. Even if the charge doesn't get dropped, for a first offense your son can ask the prosecutor for "diversion" ("deferred adjudication", etc.). This is an alternative sentencing program whereby he will enter a guilty plea, receive probation, and upon its completion his plea will be withdrawn and the charge dismissed. Typically, in such a case a criminal history record will automatically be cleared (although in some jurisdictions you may have to apply to get it "expunged" or cleared). However, diversion is only allowed for first time offenses. Accordingly, if your son gets into trouble again it will not be available to him. That's why if he can get an attorney and they can get the case dismissed, he'll be eligible for diversion if he ever needs it in the future.


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