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Roger
Roger, Lawyer
Category: Criminal Law
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Criminal Law

My husband was arrested for grand theft and a probation violation,

He is mentally unstable. If... Show More
He is mentally unstable. If my husband pleads guilty, would the judge make a deal with him?
Submitted: 6 years ago.
Category: Criminal Law
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replied 6 years ago.
What was he on probation for?
Customer reply replied 6 years ago.
He was on probation for grand theft and he just did grand theft again. He stole both things from his father.
Roger, Lawyer replied 6 years ago.

Grand theft is a felony offense, so if this is his second felony charge, the court is going to be limited on what type of deal it can make because he's a repeat offender.

 

What state are you in? This will help me look at what type of sentencing guidelines are out there.

Customer reply replied 6 years ago.
I am in the state of Idaho
Roger, Lawyer replied 6 years ago.

The sentencing for grand theft ranges from 1-20 years depending on the exact nature of the charge. Here is the statute:

 

18-2407. GRADING OF THEFT. Theft is divided into two (2) degrees, grand theft and petit theft.

(1) Grand theft.

(a) A person is guilty of grand theft when he commits a theft as defined in this chapter and when the property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will: 1. Cause physical injury to some person in the future; or 2. Cause damage to property; or 3. Use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

(b) A person is guilty of grand theft when he commits a theft as defined in this chapter and when: 1. The value of the property taken exceeds one thousand dollars ($1,000); or 2. The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; or 3. The property consists of a check, draft or order for the payment of money upon any bank, or a check, draft or order account number, or a financial transaction card or financial transaction card account number as those terms are defined in section 18-3122, Idaho Code; or 4. The property, regardless of its nature or value, is taken from the person of another; or 5. The property, regardless of its nature and value, is obtained by extortion; or 6. The property consists of one (1) or more firearms, rifles or shotguns; or 7. The property taken or deliberately killed is livestock or any other animal exceeding one hundred fifty dollars ($150) in value. 8. When any series of thefts, comprised of individual thefts having a value of one thousand dollars ($1,000) or less, are part of a common scheme or plan, the thefts may be aggregated in one (1) count and the sum of the value of all of the thefts shall be the value considered in determining whether the value exceeds one thousand dollars ($1,000); or 9. The property has an aggregate value over fifty dollars ($50.00) and is stolen during three (3) or more incidents of theft during a criminal episode. For purposes of this subparagraph a "criminal episode" shall mean a series of unlawful acts committed over a period of up to three (3) days; or 10. The property is anhydrous ammonia.

(2) Petit theft. A person is guilty of petit theft when he commits a theft as defined in this chapter and his actions do not constitute grand theft.

18-2408. PUNISHMENT FOR THEFT.

(1) Grand theft committed in a manner prescribed in subsection (1)(a) of section 18-2407, Idaho Code, is a felony punishable by fine not exceeding ten thousand dollars ($10,000) or imprisonment in the state prison for not less than one (1) year nor more than twenty (20) years, or by both such fine and imprisonment.

(2) (a) Grand theft committed in a manner prescribed in subsection (1)(b)1., 2., 3., 4., 5., 6., 8., 9. or 10. of section 18-2407, Idaho Code, or a felony committed in a manner prescribed in section 18-2415, Idaho Code, is a felony punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both such fine and imprisonment.

(b) Grand theft committed in a manner prescribed in subsection (1)(b)7. of section 18-2407, Idaho Code, is a felony punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and the minimum fine shall not be suspended or withheld, or by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, or by both such fine and imprisonment. In addition, the court shall assess civil damages as provided in section 25-1910, Idaho Code.

(3) Petit theft is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one (1) year or by both.

Idaho has no sentencing guidelines, which makes the repeat offender part of this equation difficult. I'll try to see what else I can find on this.

Customer reply replied 6 years ago.
okay, so is there a chance he could do a rider? or a mental hospital? He was diagnosed with paranoid schizophrenic. He took a pistol from his dad just for pretection.
Customer reply replied 6 years ago.
okay, so is there a chance he could do a rider? or a mental hospital? He was diagnosed with paranoid schizophrenic. He took a pistol from his dad just for protection.
Roger, Lawyer replied 6 years ago.

Idaho's habitual offender statute, I.C. § 19-2514, provides as follows:

 

"Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persistent violator of law, and on such third conviction shall be sentenced to a term in the custody of the state board of correction which term shall be for not less than five (5) years and said term may extend to life."

 

Since this is only his second offense, he should not receive an ehnancement.

 

My suggestion is that you hire an attorney asap to try and work out a deal with the prosecutor. The ultimate decision is with the judge, but he/she generally sides with the recommendation of the prosecutor.