What are the likely reprecusions on a first offense Petty Larceny charge with a clean record?

Criminal Defense 2 views 4 answers
My adult child and a friend went out drinking over the weekend to celebrate their mutual 21st birthdays. While out they found a wallet. Since they had been drinking they decided they would keep the wallet and divide the cash (approx. $120). Minutes later the owner of the wallet and a friend approached my child and friend asking if they had found the wallet. My child’s friend admitted they did and gave back most of the cash. However, being scared and not thinking strait due to alcohol my child played drunk and stupid so the police were called. My child hid the wallet in a public restroom before the cops came where it was found by a cop. The owner got everything back and is not pressing charges. However, my child continued to play drunk with the police and was taken to jail for 2 days.

Attorney Answers

4
William Palmer ·
More than likely it will be dismissed. But if he has to do anything it will more than likely be community service and a stay out of trouble order. It is best if he hires a good attorney. Call me if you like 702-888-2222
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Dave BahrLitigation LawyerEugene, OR ·
I don't understand your question. You say that no charges are being pursued by the owner. If so, and if the prosecutor does nothing further, there will be just a record of your son's arrest and no charges. It is also not clear why he spent 2 days in jail for public drunkenness (was this charged?) if no charges pending. At any rate, if no actual prosecution, the arrest record might be subject to expungement/sealing under NV law so that it does not turn up in a background check. Your kid will need to talk to a local attorney to evaluate that option.
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Warren GellerCriminal Defense AttorneyLas Vegas, NV ·
I believe that your son posted a similar question yesterday regarding whether or not he will face jail time. I have included that response below, but if you have additional questions, feel free to contact my office. Considering that you have no prior record, if you are not charged with a felony, the most likely scenario is that the North Las Vegas City Attorney prosecuting you will seek what is known as "suspended jail time." This means that the prosecutor will likely seek a petit larceny conviction against you and require you to complete a number of requirements such as pay fines, perform community service, and complete educational programs while your jail sentence is held in abeyance. Additionally, if the victim claims that she did not recover all of her property, you may be ordered to pay restitution. If you are able to complete all of the requirements pursuant to the negotiation, the suspended sentence would not be imposed and you would not have to serve further jail time. If, however, you were accused of a new offense before your case is closed, or otherwise failed to complete your requirements, you would be ordered to serve the suspended jail sentence. With respect to the possibility of a felony, the prosecutor will review your case and determine if they believe that the value of the purse and its contents is $650 or greater. Pursuant to NRS 205.0835, if the value of a stolen item(s) is between $650 and $3500, you can be charged with a category C felony, which carries up to 5 years in prison. If the city prosecutor believes this applies, the matter will be referred to the Clark County District Attorney for prosecution. Further, based on the facts provided, the matter may be referred to the Clark County District Attorney's office based on a gross misdemeanor charge of conspiracy to commit theft pursuant to NRS 199.480 if they believe that you conspired with your friend to accomplish the theft. In the future I would not recommend posting this much specificity about your case online as the prosecution could use it against you as a confession. I recommend removing this post and contacting an attorney directly to discuss this further.
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George G. TrachtmanPersonal Injury LawyerLas Vegas, NV ·
Now that you posted bail, you probably have a return court date to see what charges, if any, are filed by the DA or the City Attorney (depending the jurisdiction of the case). You may have been given a return court date. At this time, you just have to make sure your son goes back to court on the date he was given. At that time you will find out what charges, if any, are filed. If charges are filed, I would recommend entering a not guilty plea and requesting time to hire an attorney or if he qualifies, ask for a public defender to assist. So for now, there is not much to do, but wait to see what the charges will be and to make sure he returns to court if he was given a return court date. Good luck.
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