Legal Question in Criminal Law in Virginia

first offense petit larceny

I have a first offense petit larceny charge. I have never been in trouble before this. I went to court today and was appointed an attorney. But I don't speak with her for another 2 weeks, and I'm terrified that I'll go to jail. Does someone go to jail for a first offense petit larceny charge with a clean record before this?


Asked on 8/11/05, 3:22 pm

2 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: first offense petit larceny

In Virginia, people generally do not go to jail for a first offense petty larceny. Many courts now have a "shoplifter's class" that serves as rehabilitative punishment in addition to the conviction and in lieu of jail time. You do need a good lawyer to see if there are any problems with the Commonwealth's case or exploit any defenses but also if they have you dead to rights, someone to negotiate a "first offense" result which in my experience has been restitution of the thing stolen, a suspended jail sentence (usually 60 days) and a fine of appx $250. The conviction is pretty bad in and of itself. You forever can be branded a thief and if ever asked in Court or job application whether you've ever been convicted of lying, cheating or stealing - you would then have to answer "yes". It is worth hiring a good lawyer so you can convince the Commonwealth Attorney and the judge that you are a person to give great consideration to.

Good luck.

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Answered on 8/12/05, 7:12 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: first offense petit larceny

Jail you can survive. The worst consequence of a first-time petit theft charge is never being able to get a job again. For that reason, these kinds of cases need to be aggressively fought. If I were you, I would consult a private lawyer to find out what they would charge and what, if any, defenses you might have.

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Answered on 8/11/05, 3:31 pm


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