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minor shoplifting-please help

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A

ashton123

Guest
Hello, I live in Georgia and was recently caught shoplifting at a near-by mall. I am 15 years old and the store decided to press charges. I am a 1st time offender, and the item was about five dollars. The police were involved and notified me that a trial date and information would be sent to my house. What is the Georgia punnishment? Is there any way to avoid a court hearing? What kind of trouble am I in? Please help. Thank you.

***Thanks for replying. I have a few more questions- Can I go to jail for this? Is there any way to "seal" my juvinille record? Also, What happens in juvenille court? Will I be quesitoned, or would that be self incrimination?
 
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jpovarin

Guest
It does not really matter that what you stole only cost $5, it is still a theft. Get a lawer, because you do have to go to court. The judge will probably give you probation, and your criminal record will get expunged when you turn 21.
 

JETX

Senior Member
If this is your first 'handling', you will very probably be ordered to complete a program like "YES" (Youth Educational Shoplifting). Described as: "This is a Home Study program administrated by Shoplifters Alternative. Used for shoplifting cases. Consists of 5-6 hours of "offense-specific" education using cassette tapes and workbook."

So, if you haven't already, you really need to notify your parents of this. They WILL find out anyway and they can help you with handling this.

As for punishment, here is the Georgia Code:
"16-8-14.
(a) A person commits the offense of theft by shoplifting when he
alone or in concert with another person, with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:
(1) Conceals or takes possession of the goods or merchandise of
any store or retail establishment;
(2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
(3) Transfers the goods or merchandise of any store or retail
establishment from one container to another;
(4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or
(5) Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.

(b)(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."
Source: http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/8/14
 

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