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View Full Version : Third degree theft, how serious?


itookthecookie
Aug 13, 2007, 05:08 PM
So I got caught putting some cookies and a twinkie into my purse and walking out of the grocery store. During the paperwork during my arrest at the store, I admitted to taking the items intentionly. I did not mention that I am bulimic and did it out of compulsion. I heard that the punishment is a year in jail and some thousand in fine. I have already paid back the $5.99 in items I took plus a $150 fine to the store. Now I'm just waiting what the court will decide. I have my arraignment in about a month. I was wondering what to do and what are the possible outcomes. Any help, advice, or comments will be greatly appreciated. Thanks.

PS I live in Washington. King county to be specific. And yes, this is my first offense.

I have another question. Should I get an attorney? I am guilty, I know that, but would an attorney help me get a lighter sentencing or would it not matter?

Clough
Aug 13, 2007, 05:42 PM
If this is your first offense, then I would think that you would just be looking at some sort of fine.

The penalties vary depending on where you live, so it would be good if you would at least let us know where you are located.

Fr_Chuck
Aug 13, 2007, 06:25 PM
Yes the year in jail and 1000 fine is the max in some areas. With that normally on a first offense you will get probation and a mid range fine

college4u
Aug 13, 2007, 11:26 PM
Chuck you don't know what your taking about, I never heard of anyone getting probation for petty theft under 20$ I don't know any undercover that would even prosecute that I never would but walking into a store with the intent to steal is burglary those are its elements of burglary by law .what you said to the LP is completely hersay which means by legal terms it comes from another persons word what you said. If anything exersice your rights plead not guilty there's is a very good chance these charges can be dropped, and don't steal

s_cianci
Aug 14, 2007, 04:22 PM
This $150 "fine" you paid to the store ; was it court ordered? A fine is in fact a sentence. If it wasn't, how was it that you came to pay this money to the store? Assuming that you haven't yet been convicted and sentenced, given that this is your first offense and you've made restitution to the store, you'll probably end up with probation, maybe community service. This is a misdemeanor theft and a lawyer would probably end up costing you more than it'd be worth.

s_cianci
Aug 14, 2007, 04:29 PM
chuck you dont know what ur taking about, i never heard of anyone getting probation for petty theft under 20$ i dont know any undercover that would even prosecute that i never would but walking into a store with the intent to steal is burglary those are its elements of burglary by law .what u said to the LP is completely hersay which means by legal terms it comes from another persons word what u said. if anything exersice your rights plead not guilty theres is a very good chance these charges can be dropped, and dont steal
Actually, Fr. Chuck's advice was close to the mark. She was arrested so obviously the store has an intention of prosecuting. This is a misdemeanor offense but can be prosecuted nevertheless. Now the OP does mention reimbursing the store the amount of the theft and also a $150 "fine." I'm a little confused about the semantics, because the word "fine" implies a conviction but the question is asked from the perspective that she has not yet been tried and convicted and is trying to get an idea as to what kind of sentence to anticipate. As Fr. Chuck and myself have both indicated, probation is a likely possibility, along with possible community service. That's how most first-time shoplifters are dealt with when convicted.

Fr_Chuck
Aug 14, 2007, 04:59 PM
The DA will go forward if the store presses charges, and many storers are pressing charges on 1 or 2 dollar thefts. With that many judges, often give probation for several reasons, one on minor charges after probation often the charges are dropped. And a police officer can not just not charge a person if the store is wanting to press charges.

college4u
Aug 14, 2007, 07:40 PM
Yes by rules of misdemeanor petty theft probation is possible so is it if you spit on the side walk you can be arrested but the da will take in account the Totality Of The Circumstance I have worked as a undercover LP for 2 years I'm telling you you won't get probation. You can charge anyone with a crime but the judge will see the totality of it all is it reasonable to give proabation to petty thefts proably not if she fought or stole more proably yes the only way if she gets probation is if they can convict her with the intent to steal which is burglary,

excon
Aug 15, 2007, 05:33 AM
Hello college guy:

Burglary is when you break into someone's house.

excon

college4u
Aug 15, 2007, 12:07 PM
Burglary is a crime related to theft or another crime,Burglary is a crime related to theft or another crime. It typically involves breaking into a house, outbuilding (such as a shed, stable, or garage), business, school, place of worship, boat, aircraft, rail car, or motor vehicle with an intent to commit a crime. Refrence-http://en.wikipedia.org/wiki/Burglary c Burglary is not solely defined to just a house there is many ways and elements it can be prosecuted just like robbery does not need to be established by force for example I can simply established by fear also. I have had burglary charges on people that stole from my store when I found no money in there self or admitted to the intent to steal. Check this defination ex con of burgalry

college4u
Aug 15, 2007, 12:17 PM
Burglary would also include, but not be limited to, theft of a motor vehicle, high way robbery, petty theft, and pickpockets. But prosecutors often prefer charges of theft to avoid having to deal with issues of whether the entry is sufficient or as to beliefs of consent. I would only press burglary charges to higher theft amounts more elements to establish intent.

excon
Aug 15, 2007, 01:41 PM
Burglary would also include, but not be limited to, theft of a motor vehicle, high way robbery, petty theft, and pickpockets.Hello again, college:

You don't have a clue about the things you are speaking about. This isn't even worth arguing about. It's stupid.

excon

mountain_man
Aug 15, 2007, 01:45 PM
College4U... take the advice of excon and just zip it... you are full of irrational babble and it isn't helping anything

college4u
Aug 15, 2007, 02:57 PM
Fist off I am from California so I don't know how your law works for burglary but look up what burglary is both of you guys. Its obvious you never learned anything in school. Maybe you are a jail house lawyer but you need to learn more. As for you moutain man like I said I worked Loss Prevention for 2 years I know exactly what she is asking . That is a question any LP will ask you when you write a report. Both of you guys no nothing about this issue obviously.

Fr_Chuck
Aug 15, 2007, 04:35 PM
Sorry no but in any state I have worked as a police officer burglary has to include a breaking and entering, it is not robbery or pick pocketing at all. Those are separate charges. Now I can't say about your state, but I will agree, your answers are not based on sound legal principles I have worked with. And as noted I am a grad of the Federal Law Enforcement Academy at GLYNCO GA, the GA State Academy in both corrections and law enforcement with almost 2000 hours of POST training. And by everything I have learned you are incorrect on your answers.

college4u
Aug 15, 2007, 07:19 PM
I don't no about your state to a standard. In California I think we have a different look then Intent To Commit Theft or Felony.
Burglary
(a) [§127] Intent of Perpetrator at Time of Entry.

(b) [§128] Intent of Aider and Abettor During Burglary.

(c) [§129] Intent To Commit Theft.

(d) [§130] Intent To Commit Felony.

(e) Circumstantial Evidence To Prove Intent

xx pretty girl xx
Aug 16, 2007, 11:40 AM
so i got caught putting some cookies and a twinkie into my purse and walking out of the grocery store. during the paperwork during my arrest at the store, i admitted to taking the items intentionly. i did not mention that i am bulimic and did it out of compulsion. i heard that the punishment is a year in jail and some thousand in fine. i have already paid back the $5.99 in items i took plus a $150 fine to the store. now i'm just waiting what the court will decide. i have my arraignment in about a month. i was wondering what to do and what are the possible outcomes. any help, advice, or comments will be greatly appreciated. thanks.

PS i live in washington. king county to be specific. and yes, this is my first offense.

i have another question. should i get an attorney? i am guilty, i know that, but would an attorney help me get a lighter sentencing or would it not matter?
U can't go to jail for a year for taking a twinkie especially if its first offense they can't even send you for a day the most you can get is community service. I'm not from Washington so I'm not exactly sure about their law but I know what I'm talking about but if you want you can get an attorney just in case

college4u
Aug 17, 2007, 12:01 PM
Exactly my point also to the padre. Never in my life have I personaly seen probation for that. That's why the LP who caught her wanted her to admit more so he could forward the info to the officer to charge a intent charge

excon
Aug 17, 2007, 01:05 PM
Hello again, college:

You have the concurrence of a teenager. You think that means something?? It doesn't. You're still WRONG!

Shoplifting is a misdemeanor. In every state, the maximum amount of jail time one can be sentenced to is one year.

That doesn't mean everybody who is charged with a misdemeanor is going to get a year in jail. But, it certainly doesn't mean that NOBODY will. In the absence of jail time, probation is a very good possibility - VERY GOOD.

You're still hung up on this intent thing... I don't know why. If she walked out of a store without paying, that's shoplifting. Intent is NOT an element of that crime. Do you know what elements of a crime are??

No, you don't. You don't know the first thing about law. You shouldn't ever give a legal opinion on this site again - EVER!! These are people's LIVES we're dealing with here. It's no place for amateurs!

excon

college4u
Aug 17, 2007, 02:44 PM
Correct shoplifting is a Misdemeanor. It is maximum by one year no contempalting that. You said burgluary is limited to a home which is your argument that is very incorrect. Which under law she had consrtructive enrty or her mens Rea which is burlary hello Ex Con ! That's what I'm saying that you are wrong! What she admitted to coming to the store to steal. Will the Da press charges for burgluary proably not but its possible. Yes its petty theft what she did correct what I was saying is the LP associate asked her if she came to steal she said yes that could be another charge something for her to watch but proably not but burlary is not solely committed to a personal home. You need to think outside of the box and this is a great issue of that Letter of the Law vs The Spirit Of the Law but I personaly don't see her getting proabation. Community service yes

Fr_Chuck
Aug 17, 2007, 06:07 PM
I will give you a personal known example, two teens about 14 one go into the shoe store, one stands outside as a look out for mall security.

Of course they both get caught ( don't know how mall security did that)
But they end up in court, the one as look out had never been in trouble ever, the other had another theft charge. The lookout got 3 months in a boot camp and the other one got 6 months in detention.

Yes over a 30 or 50 dollar pair of shoes. I was involved with that one and knew the boys that did the time.

college4u
Aug 18, 2007, 02:15 AM
Every store has there own policy of handling shoplifters personaly where I worked we weren't allowed to prosocute principals to petty theft but it all comes down to the judge and da cause anything can be charged really by law true, that I agree with some judges and das are more strict then others. I had people that had there third strike in my by committing theft in my store very dangerous situations to play with

alascan
Apr 10, 2010, 12:15 PM
Burglary is when you steal something from a building that is either closed or you're not welcome in (i.e. House, Business... ect)

Theft is when you steal something from an open business or a place you're welcome in. (Friends house, Walmart... ect)

bettyk
May 19, 2010, 07:32 AM
I got caught steeling 3 small bottles of wine and I am being prosecuted I went to arraingment and the judge said because of my background (DUI) it looks like I've had problems with alcohol in the past now this. This kind of scared me I could be charged he said with a year in jail and a 5thousand dollar fine?

excon
May 19, 2010, 08:12 AM
Hello b:

If you have a question, the answer to it, is hire a lawyer, and don't say anything.

excon

banana1717
Dec 24, 2010, 05:49 AM
The $150 fine was the stores punishment on top of the $5.99. That has nothing to do with the washington's courts decisions on what will happen.

vanisax33
Dec 30, 2010, 05:10 PM
If your under 18 you have a chose to do community service hours and pay 1000
This happening to me now and I'm scared *** hell trust me.
My mom is maybe getting a lawyer for this and yes I'm guilty but why should I pay if I
Already gave them the solen items you know what I mean. So... I rather pay up 1000 and do community service

blupenguin
Mar 18, 2011, 11:44 AM
So what was the result? Pay? Do time? Or get dropped for being 1st offense?

DEN911
Apr 14, 2011, 12:08 AM
Hey what can happened to ?me and my friend went to the store and he came out with beer and I did not take any thing and I got charge with a third degree theft charg just because he put the beer in my car and we drow off no one stopt hem

excon
Apr 14, 2011, 05:19 AM
no one stopt hemHello DEN:

Maybe you should have.

excon

J_remmy
Feb 17, 2012, 08:05 AM
I had just recently been convicted of 3rd degrtee theft (I tried stealing some beer), in king county. Snoqualmie to be specific. And it was also my 1st offense. All I got was 2 days in jail, a $344 fine, and a year of probation. And also it is a Gross misdemeanor under Washington state law