Legal Question in Criminal Law in Virginia

petit larceny, what can I expect.

Yesterday I was fired from my job and arrested for consuming aprox. $20 (retail price) worth of food that was expired, labeled for disposal, already taken out of inventory, I just didn't take it out to the compactor.

I was just wondering what I can expect for this mistake, should I retain an attorney or will I be able to handle this myself. If I should consult with an attorney, I now have no job, so will I be able to apply for a court appointed attorney. I have never been arrested before, and I am hoping that this will not affect the rest of my life, i.e. jobs, etc.

Thank you for your time.


Asked on 7/24/04, 4:58 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: petit larceny, what can I expect.

Peitit larceny is jailable offense in the Commonwealth, punishable by up to 12 months in jail and/or a fine of up to $2500. Therefore, you should have competent criminal defense counsel to represent you in this matter and appointed by the court if you cannot afford to hire such on your own.

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Answered on 7/24/04, 10:02 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: petit larceny, what can I expect.

Seems to me you should do everything you can to come up with the funds to hire a private attorney since any theft conviction will haunt you all your days (as well as possibly land you in jail). I would not assume that a court appointed attorney or public defender will provide competent representation or do anything for you except sell you a possibly ill-advised guilty plea. Swallow your pride and borrow the money from a relative. Also, seems to me that a creative attorney could make the argument that consuming abandoned property doesn't constitute theft.

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Answered on 7/25/04, 2:52 am


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