Is Shoplifting a Misdemeanor or Felony

[Steph_2289]

My question involves criminal law for the state of: Indiana

If someone who has a clean record, never in trouble before gets caught shoplifting.. Yet when caught, they weren't taken to jail.. They must pay the store though.. The person has to go to court, What to expect? A felony charge or a misdameaner?

[Security Consultant]

I don't know what you think "not taken to jail" means, but whether or not it's a felony or misdemeanor depends on the charge and/or amount. I see where you posted this before. Age? Amount/Charge?

[Steph_2289]

"not taken to jail means" They let me go after they took a report & searched me, but they said I would receive something in the mail telling me when I have to appear in court.. Age 22, Amount almost 200, charge, they never told me what I was charged with.. They just yelled at me, took the stuff, searched me, then a cop came & said i'd get something in the mail & that I would have to pay the store the amount of what was taken & they let me go

[PandorasBox]

Since a cop came, you were likely technically arrested and released on personal recognizance.

Yes, you will be going to court. You will also be getting a Civil Demand letter in the mail. This covers the cost of surveillance, detaining you, etc.

[Security Consultant]

"not taken to jail means" They let me go after they took a report & searched me, but they said I would receive something in the mail telling me when I have to appear in court.. Age 22, Amount almost 200, charge, they never told me what I was charged with.. They just yelled at me, took the stuff, searched me, then a cop came & said i'd get something in the mail & that I would have to pay the store the amount of what was taken & they let me go

I asked as so many posters think if they were not physically taken to jail they weren't arrested. If the merchandise you stole was valued at $200, I suspect you will be charged with a misdemeanor.

[indybail]

In Indiana, the charge of Theft is a D-felony, even if the underlying circumstances involve shoplifting. It is the charge that is initially applied to most defendants arrested for shoplifting in Indiana. As long as the charging information says "Theft", you are looking at a felony.

[Steph_2289]

Would my lawyer possibly be able to get the charge brought down to a lesser charge? I feel just awful about this, this isn't me.. I just don't want a felony charge or to go to jail.

[Security Consultant]

In Indiana it is not uncommon for first time offenders to have their charge reduced to criminal conversion (a misdemeanor) if the amount is $250 or under. Ask your attorney about it.