Legal Question in Criminal Law in Pennsylvania

theft

i know someone who was trying to steal out of walmart. the items totaled 100.28. in the court papers it says that this was her 2nd offense. she did not leave the store with the items. she is worried because the person who she was with was charged as well but it is her 20nd offense. she is worried that she will have to go to jail. The last time she stole out of a store and got caught was when she was under age. she is now 38 yrs old. what in your opinion will be her punishment.


Asked on 6/20/07, 2:02 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: theft

This may not be a second offense if the first offense was when she was under age. The under age offense MAY NOT count, depending on the circumstances. A second offense retail theft is a misdemeanor. A third offense, just so you know, is a felony.

If she hasn't had any problems since she was under age, has no other criminal record, it is likely that she would get probation, but that can never be guaranteed.

There are other things to worry about when Walmart is the "victim." If she hasn't already done so, please DO NOT SIGN the form that Walmart tries to force you to sign about not being allowed in any Walmart store. You don't have to sign it, but they try to tell you that you do.

In any event, you should talk with an attorney as soon as possible to make sure that this should actually be a second offense and, if it's not, to have it corrected.

Please feel free to call or email me.

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Answered on 6/20/07, 6:34 pm


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