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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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61 years old never been in trouble, retired, petty larceny

Customer Question

61 years old never been in trouble, retired, petty larceny charge at supermarket. $129. worth of items. Will I go to jail
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard

Please tell me

1 - What state is this in?

2 - Do you have any prior convictions for anything?

Customer: replied 1 year ago.
Hornell, ny
No prior conviction not even a speeding ticket
Expert:  Samuel II replied 1 year ago.

Thank you

This is a Misdemeanor crime and does allow for a penalty of up to 1 year in jail. However, because it is a first offense, I suggest your local attorney should be able to negotiate a plea where the matter would be placed in an inactive docket - meaning while on probation if you are successful and have no other criminal matters this will not be prosecuted. The other option for a first offender is a deferred adjudication, which means your attorney will work a plea with the prosecutor where you plead guilty and upon successful completion of your probation, the guilty will be removed from your record and you will be eligible to petition for an expungment of court records and sealing of any arrest records.

I suggest that on a first offense of this nature - a non violent crime - you will not go to jail.

But because it is a possibility, you will want to consider consulting with a local criminal defense attorney or a Public Defender if you cannot afford a private attorney

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

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Thank you