Walk It Through: The Jacket
Under $1,500 is a misdemeanor, an arrest for an offense in view, and expungement after 5 years.
A college student walks out of a department store wearing a jacket that was never paid for, and an officer standing by the exit sees it.
Two things a person in this spot might do. Picking one shows what the law says about it.
One jacket and one conviction. Felony theft, probation before judgment, and the time limit on a theft prosecution are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Search warrantA judge's warrant issued on a sworn application establishing probable cause. The search has to be made within 10 calendar days after it is issued.
- TheftOne offense folding in the old ones: unauthorized control, deception, possessing stolen property, keeping lost property, and getting services by deception. Less than $100 is a misdemeanor carrying up to 90 days.
- Disorderly conductWillfully acting in a disorderly manner that disturbs the public peace, failing to obey a reasonable and lawful order to prevent a disturbance, or making unreasonably loud noise. Up to 60 days, a $500 fine, or both.
- Driving under the influenceDriving or attempting to drive under the influence of alcohol, or under the influence per se. Up to 1 year or a $1,200 fine for a first offense, and higher when a minor is in the vehicle.
- ExpungementRemoving police and court records of a conviction on petition, after a wait from completion of the sentence: 5 years for most listed misdemeanors, 7 for second degree assault.
- Malicious destructionWillfully and maliciously destroying, injuring or defacing another's property. Less than $1,000 in damage carries up to 60 days, a $500 fine, or both.
- Nolle prosequiThe prosecutor's decision to drop a charge, one of the outcomes that allows a petition to expunge.
- Personal use amountUp to 1.5 ounces of usable cannabis, 12 grams of concentrate or 750 milligrams of THC in products. Possessing it at 21 or older is not a crime.
- Posted propertyProperty marked against trespass by signs where they can reasonably be seen, or by paint marks at each road entrance and along the boundaries. Entering it is trespass, up to 90 days for a first violation.
- Probation before judgmentAn outcome that lets a person petition to expunge the records of the charge, after probation ends or 3 years, whichever is later.
- Second degree assaultAny assault, a misdemeanor carrying up to 10 years, a $2,500 fine, or both.