Can I avoid jail time on theft charges? Criminal defense attorney responds

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with Ryan famiglia right as a criminal

defense attorney in San Diego California

he's agreed to answer an online question

that was close to this one specifically

related to theft crimes but that said

Ryan let's go into the question that was

asked this question was from Susan and

Susan says I was caught shoplifting it

was a nice store so it's a good amount

of money if I go to jail I'll lose my

job and we'll be in even bigger

financial trouble can I avoid jail time

on a theft crimes charge

okay well the very short answer to that

question is yes on all but the most

serious crimes in California it's

possible to avoid jail time I think it's

more specifically what you mean is is it

possible for you to avoid jail time on

you are a shoplifting case and based on

the facts that you gave me I'm certainly

a possibility and you said it was

shoplifting from a department store but

a high-end one well in California we

have a cut-off between petty theft and

grand theft

an amount of money valued at 950 dollars

or more and so even at the most high-end

department store any items you would

have grabbed that could be you know

secreted on your person would probably

not add up to that amount of money

department stores tend to be very

protective items that can value up to

that high also what the judges and

prosecutors look at in deciding sort of

what level of punishment to apply here

to an individual case is did the

department store of the victim rather

did they get their items back a

restitution is always a big issue with

insect cases we want to make sure that

the victim is whole so that whatever was

taken from them they got it back whether

it's money over a long period of time or

in your case just you know items that

were taken we also looked at the

criminal history of the person

especially in theft cases if you've been

caught out stealing before that can

greatly impact your case if you haven't

avoiding jail time is much more likely

if the value is significantly lower than

five hundred nine hundred and fifty

dollars and depending on what part of

San Diego you were caught doing in it

some courts will even offer you a

diversionary programs we reducing

community service

you attend a shoplifters course things

along those lines

in the cases just dismissed which

preserves your record but again that

that depends on what area of town had

happened in the value of the merchandise

that was taken but nonetheless you know

obviously these cases are very

fact-specific with what was taken who

was it taken from and how and so it is

important to talk to an attorney who's

going to ask about the specifics of your

case before they give you a more

definitive answer about whether or not

it's impossible to avoid jail time

altogether actually well thanks for your

time and if you have any other questions

for Ryan all you need to do is post them

in the comment section below thanks Ryan

alright thank you and if you need to

contact me about your case please give

me a call at six one time five seven

seven oh eight six eight Thanks