Legal Question in Criminal Law in Maryland

Yesterday, I was caught stealing under $100 worth of items from JC Penny. Their loss and prevention personnel picked me up, filled out all their paperwork and call the county police. The officer showed up and wrote me a citation. I am currently waiting to hear about my court date and all of those things. My question is what can I expect out of this? I heard you can get up to 90 days in jail and a $500 fine. The JC Penny personnel told me that they can seek restitution for their items up to three times the amount. So will I have to pay restitution, possibly a court fine, go to jail, AND have this on my record? My biggest concern is the jail part and the possible black mark on my record. I want to know how to avoid those two things. This is my first offense (other than a speeding ticket which I paid a fine and received probation before judgment on) and I have been banned from the store for life. I'm 22 years old, I have a full time job, and I'm in school. I don't want to keep the job I have forever so I don't want a record to keep me from working in my chosen career. Also, should I or should I not hire a lawyer? I don't have the money to pay for one and I'm not sure how to contact a public defender or maybe just a local attorney's office for advice. I don't know if they should come to court with me or if their advice is all I would need. Any advice you can give me would be greatly appreciated.


Asked on 10/22/09, 8:33 am

2 Answers from Attorneys
William Welch William L. Welch, III Attorney

Depending on whether the charge is theft under $100, theft under $500, or theft over $500, the maximum sentence is 90 days, 18 months, or 15 years. The court may also impose a fine and court costs. Do not take legal advice from anyone who is not a lawyer, and more specifically, who is not your lawyer. JCP may seek restitution, but you are entited to a hearing at which JCP would have to prove their damages.

This may result in you having a criminal record, being on probation, or serving a sentence of incarceration depending on what the state is seeking and what the judge decides to impose. Of course, you would have to be found guilty either by trial or plea first.

An attorney can evaluate whether the state has the evidence to prove the charge, negotiate a settlement, try the case, and try to get a fair sentence for you. You would be wise to consult a lawyer whether you retain one or qualify for the public defender to appoint one, considering that guilty findings are permanent and you could go to jail. The Maryland Office of the Public Defender has a website.

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Answered on 10/27/09, 9:08 am

You should not go to Court without a lawyer. The Public Defender in Baltimore County is located at 500 Virginia Avenue in Towson. Most criminal trial lawyers, including myself, will give you a free office consultation.

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Answered on 10/27/09, 2:18 pm


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