Legal Question in Criminal Law in Arizona

I think I already answered this. Your case is either held in justice court or municiple court. The best thing you can do is at the time of your initial appearance, express that you don't want to go to jail and and that you are willing to pay a fine. (a fine is generally what is ordered in shoplifting cases.) The prosecutor is likely to be there and you can get an agreement not to go to jail. He may do it via written plea agreement or in verbal terms. The key is not to let them know you are on probation. It is likely that you are on unsupervised probation. A written plea will have the term that the prosecutor is under the impression that you are not on probation. It is more likely that any jail time you do will be for violation of probation rather than shoplifting; it really depends on the judge and your jurisdiction. While there is a high probability that just going in and pleaing guilty to shoplifting will allow you to pay only a fine, the only surefire way to avoid jail is to hire an attorney to work out the deal with the prosecution. Best of luck.

A class 1 misdemeanor offense carries a possible sentence of probation, up to 6 months jail and a $2500 fine plus surcharge. However, if you have any prior shoplifting convictions, the state may choose to charge you with a class 4 felony rather than a misdemeanor. The sentencing range for a class 4 felony varies depending upon your prior felony conviction history. Since you didn't specify if you are on probation for a felony or a misdemeanor, I cannot provide you with a more detailed answer. If you're worried about jail time, it's best to retain an experienced criminal defense attorney to represent you. You are also likely facing jail time on your probation violation as well. It's not advised to proceed without counsel. Best of luck!

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