Legal Question in Criminal Law in Arizona
employee of macys arrested for theft at the store in arizona. no prior arrests over 55yrs old. what likely sentence will be recieved at court?
3 Answers from Attorneys
I depends on what was stolen. If it was an item under $1000 then the crime is categorized as a class 1 misdemeanor. Maximum penalties for shoplifting or theft can include up to six months jail, $2500 in fines plus surcharges (basically double it) and up to three years probation. A first time offender will likely get a fine and maybe some probation time if you plead guilty. Here's what the person should do. Write an apology letter to the store, plead not guilty at court and ask to represent yourself. Then take a copy to the prosecutor and ask for a diversion or deferred prosecution. Prosecutors are happy to take a deferral fee since the whole fee goes directly to the local coffers and not the state. If granted, you avoid a mark on your criminal history. If not granted, the prosecutor can deal with you via a plea agreement where the terms of the sentence are spelled out and agreed to before it goes to the judge.
If the item(s) were more than $1000, get an attorney!
If the theft is charged as a shoplifting offense it will be a misdemeanor, and depending which jurisdiction you are in,will affect the outcome of the case. There may be several options available to a resolution. Some prosecutor's have a diversion program which would result in the case being dismissed after successful completion of the diversion program. Others require a guilty plea to the misdemeanor and usually a fine as the penalty with attendence at a shoplifting program. A misdemeanor compromise might be appropriate if Macy's and the court go along with it. And finally, shoplifting is a jury eleigible offense in Arizona. Much depends on what is the actual charge in order to properly resolve the case. An experienced criminal defense attorney knows which jurisdictions allow what type of resolution of the case and what is needed to accomplish the goal.
The attorneys above are correct. Ultimately, it's best to retain legal counsel to ensure the best possible outcome in your case. You do not want a felony or misdemeanor on your record. Good luck!
Verdura Law Group PLLC
http://verduralaw.com
602-421-0515
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