Petty Theft Questions
What is petty theft?When a person intentionally and fraudulently takes the personal property of someone without their permission and has the intent to convert it to the thief’s use. When the thief takes property that is low in value, $500 or less, this is called petty theft. Most states classify the lower value theft as petty theft but if the value of the property is higher, then it is considered grand theft. Theft, petty theft, and grand theft is synonymous with larceny. Petty theft can cause many individuals stress and serious consequences, when committing a petty theft, individuals may need Expert answers.
If a person is charged with petty theft what would this individual be looking at in terms of punishment if this is their first offense?A first time offender facing the charge of petty theft, the state usually does not seek jail time. In most cases the offender is looking at fines, court costs, restitution, not being able to return to the store that the theft occurred at, possible community service, and possibly some jail time. A first time offender can ask the court when they appear before the judge, about any type of diversion that the individual can enter into to get the case dismissed. If the person would like their case resolved quickly, then the individual may be able to enter into a plea agreement but if they wanted to fight the case then he/she could take the case to trial and force the state to prove their case.
In the state of Idaho, can a person get their criminal record expunged after they complete the requirements that were set for them in court?In the state of Idaho, expunging a criminal record does not happen. The person would not be able to get his/her record expunged. If the person wanted to lessen the conviction they would have to apply to the governor for a pardon as soon as the individual completed their sentence. This will not expunge the record but it will have a stamp from the governor stating “Pardoned by the Governor”. This will show that he/she is forgiven by the state and that the governor believes that he/she is rehabilitated.
If a person takes items from a dumpster and then is charged with petty theft, can he/she fight the charges along with the amount that they are being charged with?If the items were abandoned and thrown away, then the person can fight the charges. The value of the items can also be challenged. The person would need to seek an attorney to help fight the charges since the person took the items from a dumpster and not the store it’s self.
If a person hires a repair man and the repair man is the only one with access to some DVDs and the DVDs go missing, can the individual press petty theft charges against the repair man?If the person has no doubt that the repair man was the only one that had access to the DVDs, then the person would need to call the police and tell them that they would like to file charges against the repair man. Since the incident happened recently and there is no one else that could have done it then the prosecutor may very well take on the case and charge the repair man with the crime of petty theft.
When a person falls on hard times, he/she may resort to taking things they need to survive then there are times when a person takes items on purpose for whatever reason. In doing this, the person is committing the crime of petty theft and may face misdemeanor charges. When this occurs, the person would need to seek the advice of an Expert before proceeding with the case.