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Help For Shoplifting In Georgia

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  • 09-01-2007, 02:21 PM
    pahada9999
    Help For Shoplifting In Georgia
    Hey guys, my wife was caught shoplifting in Georgia the other day in the grocery store. It was first time and it was a stupid thing to do. She did not go out of the store but as per Georgia law even concealment is shoplifting. She did not even go past the checkout counters. She told the store manager that she will purchase the item. Store manager refused and called the cops. The total amount was $35.

    She was taken to jail and got out on a cash bond. Court date has not been set yet. I was wondering what the possible punishments were for this and if there was any chance that she could get this off of her record for future jobs, etc.

    Is there any chance of a jail term?

    Should we contact a lawyer or just go to the court and not contest?

    Or do something else. I have very little knowledge of how to handle this type of things. What's the best way to get out of this please let us know.

    Thanks.
  • 09-01-2007, 02:29 PM
    panther10758
    Re: Shoplifting in Georgia. Please help !!!!
    1st offense shoplift normally would not carry any jail time she can expect

    . Fines (less than $1000.00)
    . Community service
    . Summary probation
    . Possible ban from victim

    Seperate from court will be monies (Civil Demand) this will come from a Civil recovery Service or Law Firm. the amount should be around $200.00 - $300.00. This is a Civil matter not criminal and State law allows it

    BTW she is facing criminal charges yes she should hire a Lawyer.
  • 09-01-2007, 02:42 PM
    pahada9999
    Re: Shoplifting in Georgia. Please help !!!!
    Thanks for the quick reply.

    Instead of hiring a lawyer can she go for "No contest" in the court. What would you suggest?

    Thanks.
  • 09-01-2007, 02:52 PM
    panther10758
    Re: Shoplifting in Georgia. Please help !!!!
    It is never a good plan to enter a courtroom while facing criminal charges without an Attorney
  • 09-01-2007, 03:28 PM
    aaron
    Re: Shoplifting in Georgia. Please help !!!!
    What do you believe would be advantage of a no contest plea, which will be treated by the court as if it is a guilty plea?
  • 09-01-2007, 03:32 PM
    Security Consultant
    Re: Help For Shoplifting In Georgia
    Here the wording of the Georgia misdemeanor shoplifting (theft) law:

    (1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $300.00 or less in value shall be punished as for a misdemeanor; provided, however, that:

    (A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $250.00 and the fine shall not be suspended or probated;
    (B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and
    (C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.
  • 09-01-2007, 08:10 PM
    pahada9999
    Re: Shoplifting in Georgia. Please help !!!!
    Quote:

    Quoting aaron
    View Post
    What do you believe would be advantage of a no contest plea, which will be treated by the court as if it is a guilty plea?

    I do not know what to do. The bail bond guy told me to go for "No Contest". I have absolutely no idea how to deal with this. I will do what you guys will suggest. I will hire a lawyer if you guys think so.

    Pl. let me know.

    Thanks.
  • 09-01-2007, 08:27 PM
    panther10758
    Re: Help For Shoplifting In Georgia
    You do not want to face criminal charges without an Attorney its that simple
  • 09-01-2007, 08:28 PM
    pahada9999
    Re: Help For Shoplifting In Georgia
    Quote:

    Quoting Security Consultant
    View Post
    Here the wording of the Georgia misdemeanor shoplifting (theft) law:

    (1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $300.00 or less in value shall be punished as for a misdemeanor; provided, however, that:

    (A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $250.00 and the fine shall not be suspended or probated;
    (B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and
    (C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.

    Will there be any jail term for a first time offense?
  • 09-01-2007, 08:29 PM
    pahada9999
    Re: Help For Shoplifting In Georgia
    Quote:

    Quoting panther10758
    View Post
    You do not want to face criminal charges without an Attorney its that simple

    Thank you so much. I will contact a criminal lawyer.
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