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jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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iwas charge for 488 pc theft for the amount of $165 at home ...

Resolved Question:

iwas charge for 488 pc theft for the amount of $165 at home depot going to court but really nervous.Am i going to jail and fine me thousands of dollar or do community service and what next
Submitted: 9 years ago.
Category: Criminal Law
Expert:  jamest replied 9 years ago.
any prior convictions?
Customer: replied 9 years ago.
Reply to jamest's Post: No prior conviction
Expert:  jamest replied 9 years ago.
Penal code 490.5 deals with sentensing for this crime
490.5. (a) Upon a first conviction for petty theft involving
merchandise taken from a merchant's premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each such violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both such fine and imprisonment.
(c) When an adult or emancipated minor has unlawfully taken
merchandise from a merchant's premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult
or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.
(d) In lieu of the fines prescribed by subdivision (a), any person may be required to perform public services designated by the court, provided that in no event shall any such person be required to perform less than the number of hours of such public service necessary to satisfy the fine assessed by the court as provided by subdivision (a) at the minimum wage prevailing in the state at the time of sentencing.

Realisticly, your lookinf ar a fine, probation.jail for a 1st offense is rare
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