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I am being charged with felony theft, this is my first offense. Will I have to do jail time, I turned myself in and have cooperated with the law officials.
20 ANSWERS
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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The question in Michigan would be answered by the Sentencing Guidelines fo ryour offense, taking into account your prior record and the factors about the offense. To answer your question directly, you would need to have your case reveiwed by your attorney who can advise you of what range of sentences the Judge can impose and what is likely. In some cases, a plea agreement can be reached at the time of a plea. In your case, the cooperation with the police could help favorably influence the Court at sentencing. It depends on the offense and the Court your are in. However, your cooperation may also amount to admissions which support your conviction. Once again, this should be reviewed by and discussed with your attorney to determine the impact in your case. I hope that this was helpful.
Answered on May 31st, 2011 at 10:35 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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This will depend upon the specific circumstances surrounding your case. It is conceivable that you may be able to negotiate a deal in which your sentence is suspended or deferred and you avoid jail time in return for entering a certain plea and submitting to probation, etc. You should not accept any plea deal without first consulting with an attorney to make sure that you end up with the best possible result given the circumstances. There are many factors that will affect your future ability to have the charge expunged and clear up your record which an attorney will know how to navigate.
Answered on May 31st, 2011 at 10:18 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Yes. If you are convicted you will be placed on probation. I can't tell you if you will have to do any time. That decision is up to the sentencing Judge and will depend on many factors such as history and facts of the case. Good luck.
Answered on May 27th, 2011 at 1:13 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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You could get probation for felony theft.
Answered on May 27th, 2011 at 1:12 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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It is an option. Depending on how much you took and whether it was recovered probation would be a likely outcome especially since you cooperated.
Answered on May 27th, 2011 at 1:09 PM
It is possible to get probation. This would depend on the facts on the crime and your attorney.
Answered on May 27th, 2011 at 12:37 PM
Your ultimate sentence will be determined after you are found guilty of some crime. The fact that you have cooperated may be taken into consideration. Without knowing more of the facts and the Court involved, I cannot determine whether you will serve any time in jail. If convicted, being placed on probation would seem like at least a minimal result.
Answered on May 27th, 2011 at 12:11 PM
If this is your first offense, you should be eligible for probation. Of course, before you consider a plea offer, your lawyer review the State's evidence and conduct an independent investigation, to make sure the State has a case. Then, he or she should negotiate terms that minimize your consequences, and convey any offer to you and advise on you on your options. In terms of plea negotiations, there are a number of factors to consider. Better than straight probation (with a conviction), you may be eligible for deferred adjudication or some other disposition that keeps your record clean or allows you to seal it later upon successful completion of the supervision period. Again, your lawyer is there to counsel you on your options once he or she has obtained the best offer possible, and only after investigating the case to make sure that going to trial is not a viable option. Give me a call if you have further questions, and good luck.
Answered on May 27th, 2011 at 8:34 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Probation can be ordered for any jailable offense. So yes you can get probation, every case is unique and the outcome will largely be dependent on the location of court, victim, your history, the skill of your attorney and many other factors. You need an experienced criminal defense lawyer to help you with a felony. Do not try to handle the situation on your own.
Answered on May 27th, 2011 at 8:02 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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CAN you get probation? Sure. Will you? No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answered on May 26th, 2011 at 12:13 PM
James Edward Smith
No jail time. Usually probation, fine and counseling.
Answered on May 26th, 2011 at 12:12 PM
Car Accidents Attorney serving Little Rock, AR
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Moffitt & Phillips, PLLC
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Yes. Generally for a first offense, you can get probation. But it depends on your jurisdiction and the facts of your case.
Answered on May 26th, 2011 at 12:08 PM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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You should definitely try and consult, in person, with an attorney. Depending on the charge itself, it may be possible to only receive probation. However, the more likely scenario is that an attorney will be able to negotiate a plea for you, so that you do not have to spend any time in jail. Depending on the circumstances, maybe even reduce the charges to a misdemeanor. Feel free to call my office to schedule a free consultation if you would like to discuss this in more detail.
Answered on May 26th, 2011 at 12:08 PM
It will depend on the amount that was stolen and the circumstances as to how the items were stolen. The best way to get simply probation is to hire an attorney to assist you.
Answered on May 26th, 2011 at 12:08 PM
Probation in felony cases will be granted only if the Judge finds that this is an unusual circumstance. It is up to your lawyer to competently convince the court/prosecutor that this is the case here.
Answered on May 26th, 2011 at 12:07 PM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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Yes you could be granted probation on a first offense. I have no idea about the actual facts, so my analysis is very limited. You may want to call to discuss in greater detail.
Answered on May 26th, 2011 at 11:55 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If it is your first offense, you could very well get off with probation depending on what type of theft crime. If it's something more serious like Armed Robbery, then probably not. Many states have diversion programs where the charge can stay off your record if you successfully complete probation. Consult with an experienced criminal attorney about the details of your case in order to get a more complete evaluation.
Answered on May 26th, 2011 at 11:40 AM
Whenever you are charged with a crime and speaking with authorities you want to make sure you have hired an experienced criminal defense attorney. A private attorney can determine whether or not you should go to trial, try to get the case dismissed or negotiate the best plea bargain for you.
Answered on May 26th, 2011 at 11:34 AM
In Louisiana a first-offense felony theft IS eligible for a probated sentence. There is no mandatory minimum jail time, although it is up to the sentencing judge whether to allow probation or not. You should speak to a lawyer in your area to discuss the possibility of a plea to probation.
Answered on May 26th, 2011 at 9:49 AM
In Washington there is no community custody (probation, parole) for property crimes such as theft. Depending on the amount or value of the item taken, you might be eligible for a First Time Offender Waiver (FTO) which carries a sentencing range of 0 - 90 days in jail. FTO, however, can have up to two years community custody in addition to any confinement.
Answered on May 26th, 2011 at 9:26 AM