How much jail time am I facing if I pled no contest to misdemeanor shoplifting?
Asked on Oct 30th, 2012 on Criminal Law - New York
More details to this question:
I pled no contest to misdemeanor shoplifting, (petty theft under$50) I received 3 years probation and $800 fine. I failed to pay my fine and received a notice in the mail that I now have a $40,000 bench warrant. Went to turn myself in at 8:30 a.m., the bailiff sent me to the clerk's window, who told me I have to arrive at 7:30 a.m. to surrender. That was almost a year ago, if I remember correctly. I have been to prison once for accessory to a felony. At the time I pled no contest to the petty theft, I could have taken 10 days in jail, but I take care of my elderly mother, so I couldn't leave her alone, how I ever thought I could pay the fine I’m not sure!! Anyway, like before when I went to turn myself in, I have a back-up caretaker when I need her. I want to know what I am facing now, how much jail time?
This depends on the maximum sentence that you could get under the statute. If it is a misdemeanor, in many places they carry a 90 day maximum. Check the statute where this happened.
This story is incredible and cannot be accurate. You cannot get 3 years probation on a misdemeanor, only 1 year. It could be charged as a felony if you have two prior convictions for petit theft. Consult with an attorney in your area. Do not expect a government attorney to be able to help as much as a private one.
I do not have enough information to tell you what a judge will sentence you to. You should let your public defender know why you did not appear and see if the judge will still offer a short jail term.
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