$20 Petty Theft
Posted By
Zach Mayo on Nov 23, 2011 2:41pm PST
Question: 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.
Answer: "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.