On 9/18/2011 I was stopped right before I walked out with $20 in merchandise in my purse. The lady said "Step in to this office, we need to search you for suspicious activity." I walked in to the office she asked me if I knew why I was in there, and instead of playing dumb, I was honest. She said please empty your purse and I did. She called the police to check me for warrants and everything came back clean. No police came but I filled out a paper and they took my picture. I was informed that they were pressing charges and they let me go. 2 weeks later I received a civil demand for $200, I have paid $100. My court date is November 29th, my most recent charge was Persistent Disorderly Conduct in December of 2009. I plan on just going and pleading guilty, how likely is jail time? No lawyer.
"Petty" theft is not insignificant. It is a first degree misdemeanor carrying penalties of up to 6 months in jail and up to $1,000 in fines. Not to mention you will have a theft charge on your record for all potential employers to see. The civil demand is separate and we usually advise our clients to ignore it. The retail store cannot ask for $200 when the item cost only $20 and was recovered. They are usually only allowed to request 3 times the amount lost.
It's hard to guess as to what Judge Gormley or Judge Sunderman will give as a sentence. There are many factors they take into consideration. Your best bet is to get an attorney who can either 1) negotiate a plea deal lowering the potential penalties and your possibility for jail time or 2) effectively advocate on your behalf for the lowest penalties. If you qualify for a public defender you should ask for one to be appointed. If not, retain one of the many fine Delaware area attorneys. You need to act fact though considering you have a court appearance in just over a week.
Its hard to determine without additional information. We would need to know what your prior criminal history is, what charges you actually plea guilty. It would be best for you to contact an attorney or at the very least ask the court to appoint you a lawyer if you cannot afford one. I think if would be in your best interest and own peace of mind if a criminal defense lawyer talked to the prosecutor and judge to find out if anyone is looking for any jail upon a guilty plea to disorderly conduct.
Christopher Michael FogtDUI / DWI AttorneyDayton, OH ·
Miss, I cannot venture a guess as to whether or not you would receive jail time for theft, a misdemeanor in the first degree, whether you would have to attend a theft class, or be placed on probation without knowing more about your case. It's very important you hire a lawyer in this matter or if you cannot afford one, be sure to ask for a public defender in order to protect your rights. Theft convictions tend to "haunt" people for a long time and usually do not receive much slack. Again, that's why it's important to obtain a lawyer not just to protect your rights, but advocate your positives such as being honest about the situation, your background, etc.
