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My son is at 29 Palms and was caught shoplifting $40

Customer Question
My son is at...

My son is at 29 Palms and was caught shoplifting $40 headphones and a phone charger. The officers stated a wide variety of consequences from paying fines to jail time, loss or withholding of wages, and dishonorable discharge. Needles to say is is scared. This is his first offense. Is this taken into account. Also does the value of what he took taken into account?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No

Submitted: 1 month ago.Category: Military Law
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1/14/2018
Military Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Military Law
Satisfied Customers: 8,386
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Military Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about your situation. Generally, grand theft exists where the property is valued above $950 so the fact that they were just $40 headphones, along with the phone charger, means that there is a low probability that they would ever face any jail time.

So, it is likely that this is going to be a petty theft issue under Cal Penal Code 488. For petty theft of property valued below $50, a prosecutor has the discretion to charge the crime as a misdemeanor or an infraction resulting in a fine of up to $250. Infractions mean no jail time and it only means that they have to pay a fine. A misdemeanor is a crime and may be punished by a fine of up to $1,000, a term of imprisonment lasting up to 6 months, or both. For small items like this, and for first time offenders, it is highly improbable that your son would go to jail.

What other questions did you have for me today?

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