QUESTION
What are my chances to not receive a felony charge?
Asked on Mar 25th, 2015 on Criminal Law - Missouri
More details to this question:
I am possibly under charge for a felony. This is my first offense with no prior record. The felony offense is a Missouri Class C theft offense of a toolbox worth $1500. I returned everything the next day. I am a located in Springfield, Missouri. I know a private lawyer is always a better choice than public defenders but would a public defender be able to get me off? What are my chances to not receive a felony charge? Or having it possibly be lowered to misdemeanor or even put not on record and just receive parole?
1 ANSWER
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It is difficult to say whether or not the prosecutor will in fact file charges. It largely depends on whether they believe they can prove their case and meet their burden. It would be wise to consult an attorney as soon as possible and avoid incriminating yourself. While private lawyers often have a reputation of being "better" than public defenders, this is not always the case. There are many public defenders that not only have the knowledge but also the ability to advocate for your rights just as well as a private attorney. Once you have hired or been appointed an attorney, they will be able to discuss the case with the prosecutor in order to gauge how they can reach a resolution. Being that it is your first offense, it is more likely the prosecutor would offer a more lenient deal than if you were a repeat offender.
Answered on Mar 27th, 2015 at 12:41 PM