Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am in McHenry Co. Illinois. I am being accused of taking…

Hi I am in McHenry...
Hi I am in McHenry Co. Illinois. I am being accused of taking some of a friendsudden pain medication. She filed a police report. Soon I have a 1st court date for petty theft misdemeanor. I have never had this before !! What will happen the 1st day, what could be the outcome ? Thanks Barb.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
3/9/2018
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,504
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry to hear about this, Barb. First of all, understand how this works. Nothing will likely happen at the first heating. This will be your first hearing and this is normally an ARRAIGNMENT, where one pleads GUILTY or NOT GUILTY. If you plead guilty, you may be sentenced or at the very least the case would have been over with you being convicted. Ergo, individuals in your situation generally always want to plead NOT GUILTY.

Now, the case is going to be reset. These hearings will reset several times to allow your attorney and the prosecutor (DA) to discuss a plea deal. Normally, the case is reset about 3-4 times before you have to make a choice:

1) plead guilty and simply have the Court sentence you (not recommended);
2) take the matter to trial and risk either being convicted and sentenced, or, acquitted of charges (fairly risky); or
3) make a plea deal with the DA.

About 85% or more of such charges end with a plea deal.

The DA's leverage is that possible certainty that you would be found guilty if he takes this to trial. Your leverage is not only possibility of being found not guilty if taken to trial, but also the pressure exerted unto the DA if the defense pushes for trial, which means man hours, preparation, and a lot of court time. Since the DA often juggles dozens (if not hundreds) of cases at once, they often agree to a plea deal which may include:

-a pleading of guilty for a lesser offense and straight probation/parole;
-a deferred sentence, which is an agreement for first-time offenders for non-violent and low-level crimes wherein if you agreea to participate in a probation program, pay a fine, and does some community yours, the prosecutor will drop the charges against the you once the program is completed successfully; or
-another type of plea deal favorable to you.

A deferred prosecution option is very likely to be offered, so it may not even end up with a conviction.

For the matter overall, if you do not have an attorney, you may typically ask for a reset to find counsel. If you cannot afford counsel, then you may say that to the Court, and then the Court will question your finances to determine if a court-appointed attorney may be provided.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,504
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thank you this really clarifies things for me...I was scared and worried about jail...you did a great job ! 5 stars !!!!!

Thank you for your kind words. Good luck...

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,504
103,504 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,504 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
If you made a police report and have an open criminal
if you made a police report and have an open criminal case,(not active though) on a sexual assault can you post on social media that this person is a Alleged Sexual Assault Predator? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
326 satisfied customers
What does a person do when the police report is not given to
What does a person do when the police report is not given to them? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
I filed a police report in Florida stating that I was
I filed a police report in Florida stating that I was accausted and held at gun point by for men on the side of the road. Then men took my shoes and clothing, keys and phone and then left the scene. I… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I need information for a misdemeanor charge in county court
I need information for a misdemeanor charge in Harris county court 10 … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I was recently charged with a petty theft. about fifteen
hi. i was recently charged with a petty theft. about fifteen years ago, i was charged with a petty theft and that case has been taken care of and i completed a probation term for it. there are extenua… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
The arresting officer in the police report dated his
the arresting officer in the police report dated his narrative as 10 days before the alleged crime was thought to take place his statement is dated 1/20/18 the date of the alleged crime was 1/30/18 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
If a police report was made for abuse but left and was not
If a police report was made for abuse but left and was not arrested what are the next steps? Will I be in trouble? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Got a misdemeanor petty theft for 500.46 and already did 10
got a misdemeanor petty theft for 500.46 and already did 10 days in jail. They have postponed my court date twice already because they still have not sent my court appointed lawyer the evidence agains… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I was charged with a petty theft($134) misdemeanor in 2013
I was charged with a petty theft($134) misdemeanor in 2013 and I was referred to the Riverside County Diversion in lieu of a conviction. 5 years later, I've been charge for a second petty theft($176).… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
If the discovey and police report are given to a person has
If the discovey and police report are given to a person has not been charged yet but could potentially be charged how will it affect the case… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Will a police report be effected, Alabama, No, That's all
Hi JA: Hello. How can I help? Customer: Will a police report be effected JA: Since laws vary from place to place, what state is this in? And when did this happen? Customer: Alabama JA: Have you talked… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I have a dismissed petty theft misdemeanor from over 7 years
I have a dismissed petty theft misdemeanor from over 7 years ago, will this keep me from getting a licenses from FINRA? … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
173 satisfied customers
We have some petty theft going on at our workplace - someone
We have some petty theft going on at our workplace - someone is stealing cash out of wallets in other employee's jackets.What is the appropriate way to catch this person, and what do we do once we hav… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
I was charged with petty theft of textbooks the day after
I was charged with petty theft of textbooks the day after finals ended. This was my first offense. I am 20 years old. I am extremely remorseful of my actions, and I am anxious of what my consequences … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
In Ohio what is a petty theft defined? How much has to be
In Ohio what is a petty theft defined ? How much has to be stolen for it to be under a felony… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I got arrested for petty theft 5th degree because i
hello i got arrested for petty theft 5th degree because i purchased $60 worth of merchandise and accidentally put two lipsticks in my purse when I put my phone in my purse they have now charge me with… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
What's the charge usually for first offense petty theft in
Hi... what's the charge usually for first offense petty theft in Miami FL? What are my chances of not doing jail time given I am a single mother … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x