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  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default Juvenile Shoplifting in Washington State

    My question involves criminal law for the state of: Washington.

    hi im 17 years old and is turning into 18 on january 25th.
    I got caught for shoplifting in Washington State.
    the total amount of things i stole is $220. And i stole them from 4 different stores at the mall. This is my first time doing this. I was arrested and got taken pictures and fingerprints at the local police department. They said i will be attending a court.
    What are the punishments for my crime? will i go to a jail?
    and also if i get the court invitation letter after my birthday(jan 25th, when i turn into 18). do i get judged as an adult even though the crime was happened when i was 17?

    thank you for answering

  2. #2
    Join Date
    Dec 2010
    Posts
    105

    Default Re: Juvenile Shoplifting in Washington State

    It is unclear from your post exactly what you were charged with. Stealing from 4 different stores in the same mall could be grounds for charging you with burglary, a felony, rather than the usual treatement for Theft 3, which is classified as a gross misdemeanor under Washington law. The offenses could be charged as a felony because by the third or fourt theft it is pretty hard to argue that you were not entering the store with the specific intent to steal. A felony is a very serious crime. If you can clarify, perhaps I can help more. For now, I can only speak in generalties based on typical shoplifting charges.

    If this is your first offense, jail is unlikely. A fine and perhaps community service are more likely.

    Because you are so close to your 18th birthday, you will probably be tried and punished as an adult unless your case is resolved before you turn 18. This is so because of the provisions of Revised Code of Washington (RCW) 13.40.300 a court generally loses jurisdiction over a juvenile when she or he turns 18 unless the court retains power over the person only if the court enters an order to that effect, or a judgment of guilty has been entered.

    Although things are not looking good for you at this point, all hope is not lost. Washington courts often allow for diversion agreements. If you are eligible for diversion, you may have to go to counseling, do community service, and pay some program fees, but if you complete the diversion program successfully you can avoid a criminal record. If you are being charged with a felony, though, I doubt if diversion would be available.

    You need a local lawyer to guide you through this process. Because your 18th birthday is less than 7 weeks away you need to consult a lawyer absoutely as soon as possible. You may have more options open to you while you are a juvenile than after you are 18. If you really cannot afford a lawyer you can tell the judge that at the first appearance and probably have one appointed for you. However, you don't have a lot of time to maneuver here. If you cannot afford to hire a lawyer this would be the time to ask a parent or other relative to do you a favor and loan you the money. It could make a big difference in your future.

    There are also several civil (meaning, "non-criminal") things that are likely to come up.

    You probably received an order banning you from the stores or maybe the entire mall. Obey that order. If you go back, for any reason, you risk being caught and charged with criminal trespass just for being there.

    You will probably receive a civil demand letter in the mail. If the merchandise was recovered, as I assume it was, I am guessing that the demand will be $484 to $584 dollars. Ask your lawyer what to do, but you should probably pay it.

    Your name has probably been entered into a retail theft database. Because of this, it is very unlikely that you would be able to get a job in retail sales in the future. If you were considering that line of work, try to develop options.

    Although the civil demand and the problem with the retail theft database are important considerations, the main thing is to consult a local lawyer and deal with the criminal charges absolutely as soon as possible.

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