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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27202
Experience:  10+ years defending Misdemeanor and Felony cases.
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I am a 3rd time shoplifting offender within the last year ...

Resolved Question:

I am a 3rd time shoplifting offender within the last year and a half I am very scared please tell me what will happen and what I am facing?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 9 years ago.
Under Kansas law, theft is a Level 9 felony if (a) the merchandise is over $1,000, (b) you have two prior theft convictions, or (c) you are accused of stealing from three stores within a 72-hour period. If prosecutors believe you are a serial or professional shoplifter, they will seek prison time. Based on the facts, if the two prior theft charges resulted in convictions, this could be filed as a felony. If they were not convictions, the charges will be filed depending on the value of the item taken. In your situation and the short time frame, it is likely the Prosecutor will be seeking jail time. Probation most likely will not be an option, especially if you have been placed on it for the prior two offenses. The purpose of probation is to deter future criminal conduct. Since this is your 3rd offense, the Prosecutor may not have any sympathy. They may seek jail time, require a heavy fine, community service and possible probation upon release from jail. The charges against you are serious, as well as the consequences. It is best that you speak with a criminal defense attorney in the topeka, Kansas area, who can look at the facts of your case and determine if you have any defenses.
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Customer: replied 9 years ago.
The first time I got diversion and the second time I got it dropped down to disorderly conduct?!
Customer: replied 9 years ago.
Reply to CrimDefense's Post: I have 5 kids and dont want them to end up in foster homes!Can a good attorney keep me from going to jail?How much does this sort of thing cost!Please help me,I would like someone to say that there is a possibility of no jail!Is there any kind of things I can do to help my case?
Expert:  CrimDefense replied 9 years ago.
Considering how the first two charges ended up, there is a chance at this point, they may not seek jail and only a probationary sentence. If you entered a diversion program the 1st time, the charges against you were most likely dismissed. Your second charge was amended, so basically, you do not have any prior convictions. The Prosecutor may look at your background and see you are not learning your lesson. Probation would seem like the next logical step. However, you should retain an attorney to look over the facts and if there are no defenses, negotiate a plea to keep you out of jail. Depending on if the attorney is going to include a trial fee with the price they quote you, I would think between $1250-$2500. If you cant afford a private attorney, the Public Defender will be appointed to you.
Customer: replied 9 years ago.
Are public offenders just as good as a hired attorney?
Expert:  CrimDefense replied 9 years ago.
The Public Defender has a heavy case load and could not possible give as much attention to your case, as a private attorney. The Public Defender is normally a year or two out of law school and is very overworked. While they are capable of defending your case, they may not put the effort in, as a private attorney would. The Public Defender charges a very small fee for their services.
Customer: replied 9 years ago.
So do private attorneys usually work with you on payments?
Customer: replied 9 years ago.
Are the chances of me going to jail very likely?Just an estimate of the chances?I mean what has bn your experience?
Customer: replied 9 years ago.
please help
Customer: replied 9 years ago.
Plz answer please
Expert:  CrimDefense replied 9 years ago.

A private attorney will work with you on payments. Most will require 50% to start your case and then the balance within 30-60 days. All prices are negotiable, so speak with a few attorneys and chose someone you feel comfortable with. As far as the likelihood of having to do any jail time, it all depends on how the charges are filed (misdemeanor or felony), your prior record, prior punishments, and the victim ( store) recommendation in this case. The criminal statute allows this crime to be punished by jail time. Since this is your 3rd offense, it is possible. As I said, only after an attorney looks over the facts of the case and speaks with the prosecutor, will they know if this case needs to go to trial or it can be resolved by a plea, avoiding jail.

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