Legal Question in Criminal Law in Washington

third degree theft

A friend of mine was charged with third degree theft, for taking approximately $20 worth of merchandise. He has no prior criminal record, and has never even received a traffic citation. My friend is worried about being sentenced to jail. I have two questions: If convicted, what are the chances he could go to jail? Also, what would be the best and worst case scenario in this situation?


Asked on 3/26/02, 2:32 pm

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Re: third degree theft

The odds of going to jail on a first offense of Theft in the Third Degree are slim to none. Still, your friend should enter a plea of Not Guilty.

There are a number of alternatives to pleading guilty or going to trial - e.g., dismissal, compromise of misdemeanor, continuance for dismissal and similar dispositions. A theft conviction can cause many problems in the future, particularly with respect to employment.

He may also receive a demand letter stating that he must pay the merchant a civil fee of up to $200 plus the value of the item (even if it was recovered). The demand is usually accompanied by a threat to initiate a civil suit to recover the sum. Few merchants, if any, follow through with the threat to sue. An attempt should be made to settle the demand as part of a compromise of misdemeanor, which is one way of getting the theft charge dismissed.

Having no experience with the court system, he should retain a criminal defense attorney. If he has further questions or needs a consultation, contact me via the links in my lawguru.com profile.

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Answered on 3/26/02, 2:43 pm


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