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.
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
Answered on 10/27/08, 9:43 pm
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