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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23955
Experience:  9+ years defending Misdemeanor and Felony cases.
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My nephew is pleading guilty to a misdemeanor theft but does

Customer Question

My nephew is pleading guilty to a misdemeanor theft but does not know how much restitution he will be paying. is it a good idea to plead guilty if he doesn't know how much he will pay?
Submitted: 1 month ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  CrimDefense replied 1 month ago.

In a situation like this, the State should advise the restitution which is owed to the victim. If they do not know it is unsure, the State can reserve the right to it and ask for a hearing, at a later time. The amount owed, is what it is going to be, so they will need to establish and determine what it will take to make the victim whole. If he wants to resolve this, he can ask what is owed and if they do not provide an amount, it will beset for hearing.

Customer: replied 1 month ago.
is it a good idea to plead out first and hope for the best out come or maybe not plead out and wait until they have a final dollar amount? he rented a printer and didn't return the printer and was facing felony theft now misdemeanor theft, the company sells the printer for $3500 but is stating the value of the printer is $7000 and wants that as payment..
Expert:  CrimDefense replied 1 month ago.

If they can not agree on a price, it will be up to the Judge to decide, based upon the evidence presented. If the printer sells for $3500, they can not claim it is worth $7000, since it would not make sense to sell something for half its value. Moreover, there is a fair market value of the property in its current condition, so that will be factored in. As such, he can speak with them and agree before he accepts the plea, if he is concerned. Truth of the matter is that the theft is what he is charged with, so he will pay what the Judge determines the printer is worth.

Expert:  CrimDefense replied 1 month ago.

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