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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18902
Experience:  Lawyer and current JAG officer.
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I have a court next week. The charge is 20k theift from a store.

Customer Question

I have a court next week. The charge is 20k theift from a store. I have no criminal history or background. I hired an attorney but I don't know what the out come is. He said if there's not enough evidence then the charges will be thrown out. But if the evidence stand then jail
time. What lies ahead. (Texas)
Submitted: 3 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 years ago.
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

I can't really predict for you what is going to happen, anymore than your attorney that you work with on this case.

Trials are tricky things. You'll go through the process of trying to pick the best panel, present the evidence and see what happens. The burden is on the government though, so you'll have the upperhand at least in the burden of proof.

If you lose before a general court martial, you could be facing significant jail time though less than that maximum available. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years is the maximum available, but panels rarely give that and prosecutors rarely ask for it. I'd expect just over a year in jail though.

It would count as a felony, so it would have a serious impact on your civilXXXXX XXXXXfe as well.


Customer: replied 3 years ago.

Even with no criminal history? What if I paid whatever is asked in full?

Expert:  Allen M., Esq. replied 3 years ago.
Even with no criminal history. The fact that you have no criminal history is why they won't ask for the maximum. If you had a criminal history, I'd expect they'd ask for 18 months to two years in jail.

Paying back the money doesn't undo the crime, as far as the military is concerned. They may order, as a fine, that you pay it back anyway so it's not an offer that they really care about in criminal law matters, because they can just force you to do it without your offer.

If your defense attorney hasn't recommended offering this it is because he/she is getting no indication from the prosecutors that they would accept that.
Customer: replied 3 years ago.

Thanxs

Expert:  Allen M., Esq. replied 3 years ago.
No problem. Take care and good luck.

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