How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Counselor Your Own Question

Counselor
Counselor, Lawyer
Category: Criminal Law
Satisfied Customers: 631
Experience:  Former deputy prosecuting attorney
12650973
Type Your Criminal Law Question Here...
Counselor is online now
A new question is answered every 9 seconds

i was charged and convicted of theft II four years ago, i am

Customer Question

i was charged and convicted of theft II four years ago, i am now facing a theft III charge. I am under an enourmous amount of stress and i am taking medication for anxiety and deppression do i stand a chance to fight this in court, if not what kind of consequences am i looking at? also since my first charge was so lone ago and i still have time before me first court date should i try to get the first charge expunged and if so will that help?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Counselor replied 5 years ago.

First, the fact that you are under stress and taking medication for it is not a defense to a criminal conviction, unless you can show that the medication was so strong that it effectively meant that you literally did not know what you were doing.

 

Second, four years is not "so long ago" when you are talking about two felony convictions, so that will nothelp.

 

Third, you cannot get the first conviction expunged. The only time you can get a something expunged is when you didn't do it in the first place, or you have received a full pardon for it, or the conviction has been reversed on appeal. Since you say you were convicted, that suggestssthat none of those circumstances apply.

 

Finally, questions about the penalty you are likely to face for a criminal offense are very fact specific. Sentences depend on things like your prior criminal history, whether you are charged with one offense or multiple offenses, whether state law allows or requires the sentences to be run consecutively, and the particular circumstances of your offense. It also depends on what is typically done in the particular court you are in, that is, whether the judge who is sentencing you tends to sentence heavy or light, what kind of plea agreements the prosecutor is willing to consider, etc.

 

However, I am not an attorney licensed to practice law in your state, and this is not legal advice. For that reason, and because cases like this are very fact specific, I would recommend that you contact the local bar association’s lawyer referral service (they all have them) to locate a lawyer who practices OR criminal law. Moreover, there may be nuances in state or local laws or customs and practices that affect your situation and that only an attorney in your state would be aware of.

If you want to follow up, please identify your questions in the subject line as being for “Counselor.” Although it’s not required by any means, a bonus (tip) is always appreciated if you find the answer helpful. I would also appreciate any feedback you can give me to improve the quality of my answers.

Counselor

Customer: replied 5 years ago.
i thought the charge of theft II was only a misdemeanor
Expert:  Counselor replied 5 years ago.

That would still not change my answer. You still can't get it expunged.

 

Counselor

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 
Chat Now With A Criminal Lawyer
Counselor
Counselor
Criminal Lawyer
631 Satisfied Customers
Former deputy prosecuting attorney