Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
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I am sorry to hear about your unfortunate situation.
Can you please tell me in which state did this happen?
Can you please tell the exact criminal charge(s) are you facing?
on my citation it says theft-legal interest-permanent deprive another. statute/ordinance 609.52.2(a)(2)
Do you have any prior criminal convictions?
2 years ago i was charged with obstruction of justice but plead not guilty until i got a sentence of a fine and one year probation and then the charge was taken off of my record.
What is your age?
What was the value of this property?
Well this is a misdemeanor crime punishable by up to 90 days and a fine of up to $1,000 upon conviction.
Unfortunately, since you already had a deferred prosecution case before, you would not be eligible for another deferred prosecution and if you are convicted or plead guilty to this offense, it will remain on your permanent criminal record.
Does this make sense?
yes. it does.
Did you hire an experienced local criminal attorney to defend you?
Did you admit to the theft?
no i did not hire anyone.
and i returned the clothes i took so yes i admitted to it
As far as the current employer goes, if you are sentenced to probation, usually part of the term of the probation, is that you would have to inform your current employer that you are on probation for theft.
I would strongly suggest that you do consult and retain local criminal defense attorney, as you could face potential up to 90 days in jail if you are convicted of this offense.
you don't think a public defender is enough?
i am not even sure if i have to go to court yet. the police officer says i have to call the number on my citation in a couple of days to see if i have a court date or just pay a fine
Public Defenders are great lawyers, but they usually overworked and underpaid and a PD simply might not have the time or energy that your case required.
You will have to go to court and enter a plea
This is criminal offense, not a violation where you can simply pay a fine
do misdemeanor theft charged people usually end up serving 90 days?
You can never rely on anything that police tell you, as they are not your friend and not there to give you legal advice.
but it is the maximum sentence under the law
With a good local attorney, you might not have to serve any jail time and might simply be given 2-3 years probation, fine, court costs and community service.
Do you have any related follow up questions?
no. i just feel like im screwed. i didn't want to have to tell anyone but i am going to have to tell my dad. i do not have enough money to pay for a lawyer. and i cannot go to jail.
I completely understand and I am sorry this has happened. But this can be used constructively, so you can get a valuable lesson out of this unfortunate situation.
Does that make sense?
yes it does. thanks for your help
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Good luck and God bless you!
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