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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
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misdemeanor 1 for theft by unlawing

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i have been charge with a misdemeanor 1 for theft by unlawing taking,i had no idea of what i was getting to a friend ask me to escort him to pick up a tv from sears which unkownily was purchased using a stolen credit card.do i stand a chance of getting probation the worth of the tv was $1750.i was finger printed,and my picture was taken...i went to jail for  5days before i was let by a bail of 2000 paid(20% of 20,000).i am a green card holder and i am scared to to get deported for a crime i knew nothing off.i was thinking about telling the judge or my lawyer to ask the store manager pull up the records to show the i.p address and the time which the purchase was made because i didnt do it the ip address surely wouldnt match that of my phone,my internet at home and the time it was purchase i surely believe i was at work.all i did was to follow him and ask the manager if the item was ready for pick since my friend was new to philly and was out of status on his visa(he came on a student visa but has not been attending school).i have a 40inch tv,and it makes no sense why i would go to steal another 1.so please tell me the best chances i have and what should be done.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

Please clarify: was the friend also charged with a crime?
Customer: replied 2 years ago.
Yes he was charge with me,my lawyer showed the judge the receipt for the item and it was in my friends email(he uses his name for his email I'd) my lawyer told me that because he is also telling his public defendant that he was also asked by a friend outside the USA to go pick up the item,his statement wasn't able to get me acquited of the charges during my first hearing.
Expert:  JB Umphrey replied 2 years ago.
If it is your position that you did not steal anything and did not intend to steal anything, then you have a right to demand a jury trial.

You can tell your attorney that you want to fight the charges and go to trial.

If the prosecutor does not prove its case beyond a reasonable doubt, then the jury comes back with a not guilty verdict and the charge is dismissed and you don't have to work about being deported.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied.

If you have a follow-up question, please reply and ask it.

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Customer: replied 2 years ago.
Relist: Incomplete answer.
Given the evidence of the email for the pick up notice which was in my friends name will it hold in the court of law and the chances of getting ard.
Expert:  JB Umphrey replied 2 years ago.
Thank you for the follow-up.

Unfortunately, the JustAnswer experts do not have the benefit of reviewing the underlying police reports and evidence you make reference to. Thus, it's not possible for us to provide an assessment.

So long as the e-mail itself is relevant to the case, then the judge will admit it as evidence if there's a trial. How much "weight" and deference will be given to it is up to the decider of the facts (e.g., a jury if there's a jury trial, or the judge if it's a judge-only trial).

With respect to ADR, the e-mail will have no bearing on that. It is true that there's no guarantee of getting ARD status. That's true for anyone. Under the state law, it's for the district attorney to decide whether or not they will allow the defendant into the ARD program. The district attorney cannot be forced into making that decision. Or, the district attorney can agree to allowing you into the ARD program and the judge can still say "no." Again, that's true for anyone. http://www.pacode.com/secure/data/234/chapter3/chap3toc.html

I hope this helps to clarify things.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 9 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
I was thinking about telling my lawyer to ask for the Sears store manager provide us with the receipt record of the tv purchase with the time of purchase and ip address,which will defiantly not match my computer/internet service providers ip address and I the time of purchase which I believe was between midnight to 11in the afternoon.and I work midnight shift and leave for class and I don't get off till 12 noon.will think the case can be dismissed on these facts
Expert:  JB Umphrey replied 2 years ago.
You certainly can ask. Best of wishes.

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