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Counselor, Lawyer
Category: Criminal Law
Satisfied Customers: 631
Experience:  Former deputy prosecuting attorney
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i was charged and convicted of theft II four years ago, i am

Customer Question

i was charged and convicted of theft II four years ago, i am now facing a theft III charge. I am under an enourmous amount of stress and i am taking medication for anxiety and deppression do i stand a chance to fight this in court, if not what kind of consequences am i looking at? also since my first charge was so lone ago and i still have time before me first court date should i try to get the first charge expunged and if so will that help?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Counselor replied 8 years ago.

First, the fact that you are under stress and taking medication for it is not a defense to a criminal conviction, unless you can show that the medication was so strong that it effectively meant that you literally did not know what you were doing.


Second, four years is not "so long ago" when you are talking about two felony convictions, so that will nothelp.


Third, you cannot get the first conviction expunged. The only time you can get a something expunged is when you didn't do it in the first place, or you have received a full pardon for it, or the conviction has been reversed on appeal. Since you say you were convicted, that suggestssthat none of those circumstances apply.


Finally, questions about the penalty you are likely to face for a criminal offense are very fact specific. Sentences depend on things like your prior criminal history, whether you are charged with one offense or multiple offenses, whether state law allows or requires the sentences to be run consecutively, and the particular circumstances of your offense. It also depends on what is typically done in the particular court you are in, that is, whether the judge who is sentencing you tends to sentence heavy or light, what kind of plea agreements the prosecutor is willing to consider, etc.


However, I am not an attorney licensed to practice law in your state, and this is not legal advice. For that reason, and because cases like this are very fact specific, I would recommend that you contact the local bar association’s lawyer referral service (they all have them) to locate a lawyer who practices OR criminal law. Moreover, there may be nuances in state or local laws or customs and practices that affect your situation and that only an attorney in your state would be aware of.

If you want to follow up, please identify your questions in the subject line as being for “Counselor.” Although it’s not required by any means, a bonus (tip) is always appreciated if you find the answer helpful. I would also appreciate any feedback you can give me to improve the quality of my answers.


Customer: replied 8 years ago.
i thought the charge of theft II was only a misdemeanor
Expert:  Counselor replied 8 years ago.

That would still not change my answer. You still can't get it expunged.



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