Legal Question in Criminal Law in Washington

Get an attorney

If you are not a US citizen, a theft conviction can have severe consequences to your immigration status, including being removed from the US.

"theft of property or services which (a) does not exceed two hundred and fifty dollars in value ... is a gross misdemeanor." A gross misdemeanor is punishable by up to 1 year imprisonment and $5000 fines. While a first time offender likely would not get anywhere near the maximum punishment, given a convict with a bad attitude or unwillingness to obey court orders, the maximum punishment may result.

Besides the immigration aspects, having a theft conviction may affect your future career.

What you should do is get an attorney. If you are indigent, ask the court to appoint you a public defender.

You likely are charged at the Seattle Municipal Court. The Court's website is http://www.ci.seattle.wa.us/courts/house.htm .

Information about public defenders is available at that site.

Re: Shoplifting

I have lots of experience & practice regularly in that court. So contact me directly if you have further questions or want assistance with your case.

At your service,

Re: Shoplifting

Your best option now is to request a compromise of misdemeanor pursuant to RCW 10.22 [http://apps.leg.wa.gov/RCW/default.aspx?cite=10.22 ].

Essentially, you are asking the court to treat the matter as a civil dispute that has been settled between you and the injured party (bookstore) and to dismiss the charge. It can be done over the proseuctor's objection, but it does require the consent of the injured party. It is better, of course, to have obtained such consent prior to paying the civil damages. Now you have only the grace of the bookstore to hope for, having "given up" your bargaining chip.

Contact the court and inquire whether forms are available for a compromise of misdemeanor (or google the phrase, the statute number and forms). You may also find them available through Attorneys Information Bureau in Seattle.

If you are unsuccessful in obtaining a compromise of misdemeanor, contact the prosecutor and see if you can work out a disposition that keeps a conviction off your record. Your willingness to pay the civil damages may serve you well.

Ultimately, if the only offer you get from the prosecutor is to plead guilty, get a lawyer (something you should have done from the beginning).

A chat board is a starting point, but no substitute for sound legal advice.

Re: Shoplifting

First, for future readers of this question, please wait to pay the civil demand before first consulting with your criminal defense lawyer. Paying the civil demand before your criminal case is resolved makes it difficult to pursue certain options.

Second, jail is pretty unlikely, if there is no criminal history. Nevertheless, you should consider contacting a Seattle criminal defense lawyer. Many of the lawyers in our practice area provide free consultations.

www.pelleylawgroup.com