Legal Question in Criminal Law in Washington

third degree theft

If someone is charged with 3rd degree theft of an item worth less than $20 what will happen? There is a date set for arraignment next week. This is a first offense. Does the person claim not guilty or guilty at arraignment? Will jail time be set, a fine, what? This person is unemployeed currently, single mom with 3 children. This person did take an item that was worth approximately $13.00. It was caught on video tape. She is not wanting to contest. Just avoid going to jail. What is 3rd degree theft? What does the 3rd degree mean? Will she be assigned a public defender at arraignment? Where should she go for help if there is any? thank you


Asked on 10/21/05, 2:19 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: third degree theft

There is no minimum value required for a theft charge. I once had a particularly unreasonable prosecutor take two different people to two different trials for what amounted to .25, yes, that's right, cents! That said, there is a practicality involved such that the lower value will usually get you a very reasonable plea bargain.

She will not be assigned a public defender if she goes in and says guilty. She should probably get some legal counsel despite the fact that she has no history, single mother of three and low value theft. So, I'd recommend she say not guilt and have a PD assigned. It is also very important that she not make any statements related to the case like "yes, I stole it, they caught me on tape." It may turn out, over the course of the case, that the tape isn't admissible but her statements would be! The public defender in Pierce and Tacoma is the Department of Assigned Counsel, King county is the Office of Public Defense and Seattle is Associated Counsel for the Accused. Other than that, I could not say.

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Answered on 10/21/05, 2:38 pm


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