What are the possible punishments for my son who was caught shoplifting a $20 movie

Once your son goes to court he will be advised of what he is being charged with. If it is charged as a misdemanor, then your son is entitled to an attorney. After reviewing what he is charged with, your son will be asked to either deny or admit the charges. Normally, for the first court date it is common to deny the charges so that the court can obtain what is often called a, "Pre-Plea Report". This is an interview with the probation department -- they will ask your son about school, home, criminal history, and his physical and mental health. The purpose of the report is to provide a recommendation to the court as to what they think they should happen should your son be convicted of the charges. The more positive the report, the better the recommendation and the likelier that your son will be shown leniency by the court. The Pre-Plea Report can take anywhere from 4-6 weeks to be prepared and a new court date will be set based on that time period. When you come to court the 2nd time, the Prosecutor or the court will normally have an offer for your son and he can decide whether he wants to accept the offer and admit the charges, or fight the case and have a trial.

In Florida, if your son had no significant prior record, he would probably be offered a diversion program where he would avoid formal prosecution in exchange for doing community service and other tasks of a remedial nature; he could also be referred to our "Teen Court" program where his conduct would be assessed and commented on by his peers who would then assign a suitable penance. If your son is close to 18 or has a significant prior record, then he would likely be formally prosecuted and placed on a period of probation with certain tasks and conditions designed to punish and to deter him from future thefts or similar behavior.

In Ca, there are several possibilities. First, this could be resolved by a civil compromise if the store owner and local prosecutor agree. Second, the prosecutor can choose to charge this as an infraction (any theft under $50 can be filed as an infraction). Third, the prosecutor can file it as a misdemeanor which carries a maximum of 6 months and/or $1,000 fine - he WON'T get anywhere near that. Assuming no or minimal record, he will likely be offered probation.

HOWEVER - please understand that there are real dangers to accepting a plea on a petty misdemeanor if includes credit for ANY jail time. EVEN 1 day jail and even if your son only served a fraction of a day while waiting to get released. If jail credit is part of a misdemeanor petty theft, the crime is priorable - meaning it can be used against your son in the future. If he was ever charged with a petty theft in the future - whether he actually is guilty or not - the prosecutor could charge the second petty theft as a felony. A petty is not priorable if there was no jail credit or if resolved as infraction or through civil compromise.

It worth getting the help of a good lawyer. If your son cannot afford one, you can get a public defender. They handle a lot of these cases and, assuming you get a decent PD, they wlll be able to work out a good deal.