If I was fired for theft of a $65 gift card, what are the charges of this first offense?

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If I was fired for theft of a $65 gift card, what are the charges of this first offense?

I plan on paying the money back and will plea guilty but I wanted to know what are the chances of me serving time.

Asked on May 19, 2017 under Criminal Law, Louisiana

Answers:

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

Answered 3 years ago | Contributor

Since a shoplifting charge is a criminal offense, so you should really try to get an attorney who might be able to get the charge dismissed on a technicality or otherwise. The fact is that the sooner an attoreny gets involved in the case, the better the potentiol outcome for you. Even if the charge doesn't get dropped, being that this is your first offense, you can possibly receive a porgram known as "diversion" ("deferred adjudication" or your state's equivalent). This is an alternative sentencing program whereby you will plead guilty, receive a special probation, and upon its successfull completion, your plea will be withdrawn and the charges dismissed. As a general rule, your criminal history record will automatically be cleared (although in some states you may have to apply to get your record "expunged", that is cleared). That all having been said, diversion is only allowed for a first time offense. Consequently, if you get into trouble again it will not be available to you at that time. That's why if you get an attorney who can get the case dismissed, you'll be eligible for diversion in the future (should you ever need it).

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

Answered 3 years ago | Contributor

Since a shoplifting charge is a criminal offense, so you should really try to get an attorney who might be able to get the charge dismissed on a technicality or otherwise. The fact is that the sooner an attoreny gets involved in the case, the better the potentiol outcome for you. Even if the charge doesn't get dropped, being that this is your first offense, you can possibly receive a porgram known as "diversion" ("deferred adjudication" or your state's equivalent). This is an alternative sentencing program whereby you will plead guilty, receive a special probation, and upon its successfull completion, your plea will be withdrawn and the charges dismissed. As a general rule, your criminal history record will automatically be cleared (although in some states you may have to apply to get your record "expunged", that is cleared). That all having been said, diversion is only allowed for a first time offense. Consequently, if you get into trouble again it will not be available to you at that time. That's why if you get an attorney who can get the case dismissed, you'll be eligible for diversion in the future (should you ever need it).


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