Q: So a friend of mine was just fired from Wal-Mart recently for theft with a total value $1.098. What should he do..?

A: The ONLY thing he should do at this point is retain a lawyer. If he cannot afford a private lawyer, he needs to apply for the Public Defender. Theft of money or property with a value of $1,098 is a misdemeanor that carries up to 5 years in jail. Judges do not like employee theft cases, because they involve a breach of trust by someone the employer expected to safeguard their property but instead used their inside status to steal. Therefore, do not expect a prosecutor to offer any deals short of a plea of guilty, although perhaps the charge can be negotiated down to a lesser theft charge. If your friend has not prior record, it may still be possible to avoid a conviction, or to at least get the conviction removed at a later date, but that depends in part on your friend, and in part on the judge.

A: He should immediately consult with an experienced criminal defense attorney. A theft conviction can have lifelong implications. Many judges treat employee theft cases harshly.

A: An employer is not likely to retain an employee who commits theft - no matter what the amount.

However, many prosecutor's offices with a theft case - where the amount is small - will agree to dismiss the case upon the completion of community service - and then the case can be dismissed,

There is no standard answer - it depends upon the county and the specifics of the case.