Criminal Law Questions? Ask a Criminal Lawyer.
Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I'm very sorry to hear this happened. Please allow me just a few minutes to prepare some information for you and I'll be right back with you, thank you!
To clarify, when you mentioned 'cash card' are you referring to a debit card linked to your bank account, or was it some other type of card?
In any event, because the amount stolen was more than $500, your stepdaughter will be facing felony criminal charges. Since she has had prior criminal charges, then she won't qualify for any of the first offender diversion programs, and will instead be facing jail time and restitution fines.
If you do proceed with pressing criminal charges, you can let the prosecutor know that your stepdaughter has some drug addiction issues and that they were the cause of this theft-- the case should then be transferred to drug court, where she will most likely be assigned to a court appointed rehabilitation facility, and/or some jail time and probation. Please understand too though that while the case will be in drug court, it's not always guaranteed that a drug rehabilitation program will be assigned (although it is very likely), but there is also the possibility that the judge may choose to assign only jail time and/or rehabilitation. I just want you to be aware of all the possibilities.
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Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!