How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CrimDefense Your Own Question
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28363
Experience:  10+ years defending Misdemeanor and Felony cases.
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

My nephew is pleading guilty to a misdemeanor theft but does

Customer Question

My nephew is pleading guilty to a misdemeanor theft but does not know how much restitution he will be paying. is it a good idea to plead guilty if he doesn't know how much he will pay?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  CrimDefense replied 1 year ago.

In a situation like this, the State should advise the restitution which is owed to the victim. If they do not know it is unsure, the State can reserve the right to it and ask for a hearing, at a later time. The amount owed, is what it is going to be, so they will need to establish and determine what it will take to make the victim whole. If he wants to resolve this, he can ask what is owed and if they do not provide an amount, it will beset for hearing.

Customer: replied 1 year ago.
is it a good idea to plead out first and hope for the best out come or maybe not plead out and wait until they have a final dollar amount? he rented a printer and didn't return the printer and was facing felony theft now misdemeanor theft, the company sells the printer for $3500 but is stating the value of the printer is $7000 and wants that as payment..
Expert:  CrimDefense replied 1 year ago.

If they can not agree on a price, it will be up to the Judge to decide, based upon the evidence presented. If the printer sells for $3500, they can not claim it is worth $7000, since it would not make sense to sell something for half its value. Moreover, there is a fair market value of the property in its current condition, so that will be factored in. As such, he can speak with them and agree before he accepts the plea, if he is concerned. Truth of the matter is that the theft is what he is charged with, so he will pay what the Judge determines the printer is worth.

Expert:  CrimDefense replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.