QUESTION
What sentence should I expect for a petty theft with prior diversion in another town?
Asked on Aug 29th, 2012 on Criminal Law - New Jersey
More details to this question:
Seven years ago, I was on diversion for petty theft and completed it with no problems. Recently in another town, I was given a citation for petty theft. The item was $180 from Walmart. They got it back undamaged and I cooperated. I have an attorney as well. I completed an online theft class and wrote letters of apology to the store, the prosecutor and judge. I am just wondering if I have to do any jail time.
13 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I am not going to second guess your attorney as he/she knows the fact far better than me. With a prior, there is a good chance you will do jail time.
Answered on Sep 07th, 2012 at 2:38 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Highly unlikely. You should be able to get out of that with probation as the worst case.
Answered on Sep 07th, 2012 at 2:30 PM
Leonard A. Kaanta
It is up to the probation office.
Answered on Sep 06th, 2012 at 12:17 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Talk to your lawyer. It depends on the facts, whether the DA knows of the diversion and dismissal. If he does they will say it did not work last time and won't work this time either.
Answered on Sep 06th, 2012 at 12:16 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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I can speculate as well as you. However, you have an attorney that knows the case. Ask him.
Answered on Sep 06th, 2012 at 12:16 PM
TALK TO YOUR ATTORNEY. That's what you hired him for.
Answered on Sep 06th, 2012 at 12:14 PM
Michael J. Breczinski
Maybe. But why did you do it again? Getting a theft conviction is bad for employment. What boss wants to hire a thief?
Answered on Sep 06th, 2012 at 12:14 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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You have an attorney? That's the person to whom this question must be asked.
Answered on Sep 06th, 2012 at 12:14 PM
Oh you certainly do. Petty theft with a prior can be charged as a felony, so not only could you do jail, you could go to state prison! And remember, $180 is a lot! We're not talking 20 bucks, so the Judge is likely to think you haven't changed one bit.
Answered on Sep 06th, 2012 at 12:12 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Probably not. Talk to your own attorney about this. He or she knows the facts that we do not.
Answered on Sep 06th, 2012 at 12:12 PM
Most likely, you won't do any jail time for this. However, the fact that you have done this before (and the police, the prosecutor, and the judge will be able to see your criminal record showing that you were charged for theft in the past) may cause you to be sentenced more harshly than a first-time offender.
Answered on Sep 05th, 2012 at 11:39 PM
4 Awards
Very unlikely but if you have an attorney that is where you should direct this question since your attorney knows all of the facts.
Answered on Sep 05th, 2012 at 11:39 PM
Gary Moore
The person who knows best is the lawyer handling your case. Talk to him.
Answered on Sep 05th, 2012 at 11:26 PM