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stealing beer

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Kroutonz

Junior Member
What is the name of your state? VA

I was caught stealing 2 24 packs of beer from a store, and am now facing retail fraud, and possession of alcohol of a minor. I'm 17 and this is my first offense. What should i expect to be my punishment, and should i get a lawyer?
 
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Kroutonz

Junior Member
Eh, I could of payed for the beer, but its finding someone who will buy it for us. Anyway I have about 600$ to spend on an attorney, which should cover it correct? Also if I was to represent myself, but did 25 hours of community service and went to AA meetings before my court date and showed the judge would this lessen my punishment?

And yes my parents know, they had to pick me up from the store.
 

quincy

Senior Member
Possible punishments?

If this is your first offense for being a minor in possession of alcohol, which is a Class 1 misdemeanor, you may receive probation and a suspended license, with proceedings deferred until the terms of probation are met. If you meet the terms of the probation (community service, substance abuse assessment and treatment, and/or education, etc), there can be a dismissal with no adjudication. There would be no record of your minor in possession charge, although law enforcement officials or the courts could still access it, should you violate this or any other law in the future. A Class 1 misdemeanor has a mandatory minimum fine of $500 and/or a mandatory minimum 50 hours of community service as a condition of probation (this fine and the community service hours may be just for adults or emancipated minors however - for minors it may be less).

For the retail theft charge, that would be petit larceny, I believe, and a Class 1 misdemeanor, with fines and jail time up to the discretion of the court - jail time could be up to 12 months and/or a fine could be up to $2500. The merchant could potentially bring a civil action against you, recovering two times the amount on the unpaid retail value of the merchandise, plus attorney fees and costs up to $150, or liquidated damages up to $350 if the merchandise was recovered and is still saleable.

Although the above information was taken from the virginia.gov website, I may have inadvertently transcribed or interpreted something wrong - so wait for other posters to correct any misinformation here.

Also, going to AA and starting community service would not be a bad idea, however you will probably be required to do both (or at least something similar to AA) anyway, as a condition of probation. As for the $600 covering the cost of an attorney, around here it would purchase the services of a decent attorney for 3 hours only.
 

Kroutonz

Junior Member
Possible punishments?

If this is your first offense for being a minor in possession of alcohol, which is a Class 1 misdemeanor, you may receive probation and a suspended license, with proceedings deferred until the terms of probation are met. If you meet the terms of the probation (community service, substance abuse assessment and treatment, and/or education, etc), there can be a dismissal with no adjudication. There would be no record of your minor in possession charge, although law enforcement officials or the courts could still access it, should you violate this or any other law in the future. A Class 1 misdemeanor has a mandatory minimum fine of $500 and/or a mandatory minimum 50 hours of community service as a condition of probation (this fine and the community service hours may be just for adults or emancipated minors however - for minors it may be less).

For the retail theft charge, that would be petit larceny, I believe, and a Class 1 misdemeanor, with fines and jail time up to the discretion of the court - jail time could be up to 12 months and/or a fine could be up to $2500. The merchant could potentially bring a civil action against you, recovering two times the amount on the unpaid retail value of the merchandise, plus attorney fees and costs up to $150, or liquidated damages up to $350 if the merchandise was recovered and is still saleable.

Although the above information was taken from the virginia.gov website, I may have inadvertently transcribed or interpreted something wrong - so wait for other posters to correct any misinformation here.

Also, going to AA and starting community service would not be a bad idea, however you will probably be required to do both (or at least something similar to AA) anyway, as a condition of probation. As for the $600 covering the cost of an attorney, around here it would purchase the services of a decent attorney for 3 hours only.
Is that realistic though? I was told I would probably have a 500$ fine, lose my license for 6 monthes, and do community service for the petty theft. Would a Lawyer be able to lessen these charges at all? My friend got in the same trouble I did, and he got off without any charge for the first time it happened, and the second time it happened he had a 50$ fine and community service.
 

quincy

Senior Member
Although your friend sounds incredibly stupid to commit the same offense twice, he also sounds incredibly lucky if what he told you is true (and I would bet it isn't - especially if this friend of yours was the one who talked you into swiping the two 24-packs of beer).

From what I have read on Virginia's government website, if you receive probation on the minor in possession charge, you should expect to be fined and to lose your license for awhile and to do several hours of community service, and possibly be required to attend substance abuse classes.

In addition, you are also being charged with theft. The penalties for theft could very well depend on how angry the merchant is. What you wind up with on the theft charge is ultimately determined by the judge, but an angry merchant could, I imagine, influence this decision.

An attorney may helpful in reducing the penalties imposed by the judge for the theft of the beer - so it is wise to have an attorney if you can afford one. An attorney can also tell you what is "realistic" in Virginia, and what is not.

Seniorjudge, on this forum, has often posted a list of things to do, and not do, when appearing in court. Check the forum out for one of these posts, as his suggestions are worth following. Appearances can often make a big difference in the outcome.
 
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