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Shoplifting in Maine

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wsteeves

Junior Member
What is the name of your state (only U.S. law)? Maine

Son (age 24) caught shoplifting approx $100 - first offense, court date Jan 7th. Should he plead guilty and what are consequences? No priors, virginia resident visiting Maine at the time. Kittery was location.
 


JETX

Senior Member
Son (age 24) caught shoplifting approx $100 - first offense, court date Jan 7th. Should he plead guilty
Depends. Is he guilty?? Does he have a defense??

and what are consequences?
Per Maine Revised Statutes:
§353. Theft by unauthorized taking or transfer
1. A person is guilty of theft if:
A. The person obtains or exercises unauthorized control over the property of another with intent to deprive the other person of the property. Violation of this paragraph is a Class E crime;
B. The person violates paragraph A and:
(1) The value of the property is more than $10,000. Violation of this subparagraph is a Class B crime;
(2) The property stolen is a firearm or an explosive device. Violation of this subparagraph is a Class B crime;
(3) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;
(4) The value of the property is more than $1,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;
(5) The value of the property is more than $500 but not more than $1,000. Violation of this subparagraph is a Class D crime;


Punishment:
§1252. Imprisonment for crimes other than murder
A. For a Class D or Class E crime the court must specify a county jail as the place of imprisonment.
2. The court shall set the term of imprisonment as follows:
E. In the case of a Class E crime, the court shall set a definite period not to exceed 6 months.


Fine:
§1301. Amounts authorized
1-A. A natural person who has been convicted of a Class A, Class B, Class C, Class D or Class E crime may be sentenced to pay a fine, unless the law that the person is convicted of violating expressly provides that the fine and imprisonment penalties it authorizes may not be suspended, in which case the convicted person must be sentenced to the imprisonment and required to pay the fine authorized in that law. Subject to these sentences and to section 1302, the fine may not exceed:
E. $1,000 for a Class E crime; and
F. Regardless of the classification of the crime, any higher amount that does not exceed twice the pecuniary gain derived from the crime by the defendant.


What possible sentence and/or fine might be imposed on your son... depends on the court.
 

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