Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for your response. I am sorry that you rated poor service while I was researching your situation.
Your original question was regarding the three strikes law. Under that law none of your offenses count because they are not qualifying felonies and you were not convicted and did not receive a sentence of commitment to prison.However, under the retail theft statute a third or subsequent offense is a felony of the third degree regardless of the value of the merchandise. The statute may be found here http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.039.029.000..HTMUnder state law the plea in abeyance does not count as a conviction and the offense for which you pleaded not guilty would not count as a prior offense because you have not been found guilty or plead guilty, so this newest offense could not be charged as a third offense and is not an automatic felony. Nevertheless, the judge may consider your criminal record in sentencing and even a first offense retail theft charge can carry a jail sentence of up to 180 days.At this point you may want to consult a local criminal defense attorney who would be in the best position to advise you based on the unique circumstances of your case. If you cannot afford an attorney you can request one from the court. It is likely that an attorney can negotiate a deal that disposes of the two pending cases at the same time and keeps you out of jail. And, yes, you should plead not guilty on this latest charge. That will give you the opportunity to talk to an attorney. Let me know if you need any further information and please consider re-rating my service.
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