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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23582
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What is the miniumum stay someone can stay in jail

Customer Question

What is the miniumum stay someone can stay in jail for petty larceney??? My fiance prank called a pizza place and ordered 270 dollars worth of pizza, he never paid for it, but he never ate it or it was never put in his hands. Just pretty much being childish. I am 6 months pregnant and he does have a job, if he pleads not guilty how long will he stay in jail for? And what is the minuim days one can stay in jail for??? It is a misdameanor and his first offence. Please anwser asap. And will the punishment be bad enough i will need to bail him out?
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hello,

This crime would be a misdemeanor in Nevada because the goods that were wrongfully taken were under $650. The maximum amount of time a person could do on a misdemeanor charge is 6 months in jail but there is no minimum. That is, any amount of time up to 6 months would be authorized under the statute but no incarceration would be necessary at all.

I don't know why your fiance was physically arrested on a first offense, but if he pleads not guilty -- which is the plea that he should make in order to keep his rights open so that he can negotiate a favorable deal -- on a first arrest of this sort he would typically be looking at nothing worse than probation with restitution to the pizza place.

I would expect him to be released on his own recognizance at his arraignment when he comes before the judge, as it's his first offense and a non-violent crime. If not, you would want to bail him out because he will get a better deal from the DA if he's out rather than already in jail.

Ideally, you'd want this off of his record if he could get it deferred. A deferral is a special form of probation where after he pays his fines, does some community service, takes anti-theft classes and stays out of trouble during his supervisory period, the charge against him can be dismissed. Then he wouldn't have to carry around a criminal conviction. That's important because a theft conviction, even for a misdemeanor, can have a major impact on his ability to find a good job and to advance professionally. Employers tend to shy away from hiring thieves.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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