Legal Question in Criminal Law in California

shoplifting

If a person is caught shoplifting an item under $20.00, is cited for a misdeameanor by county sheriff, but is NOT arrested, can they be sent to jail?


Asked on 10/27/08, 1:18 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: shoplifting

Yes. Whether the suspect is arrested has no effect on the sentence he or she may receive later.

Read more
Answered on 10/27/08, 2:07 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: shoplifting

Technically, yes, you can still receive a jail sentence. As a practical matter, however, if you do not have a prior criminal record, theft of a $20 item should be an infraction or dismissed through what is called a diversion. Do not settle for a misdemeanor.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 10/27/08, 9:43 pm


Related Questions & Answers

More Criminal Law questions and answers in California