QUESTION

What are the chances of jail time if I was caught and arrested for petty theft?

Asked on Dec 30th, 2014 on Criminal Law - New York
More details to this question:
I was arrested (first time offense) for petty theft. I have a DAT for January 15. The value of the items was $399. However, at the time being, my 6 year old daughter was with me. I was told to call a family member and she was picked up. I was finger printed and given the pink sheet. No bail was set that day. I'm a single parent living check by check. I can't afford a lawyer. I want to know what are the chances of facing jail time?
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1 ANSWER

From what you are describing it sounds like you were charged with petit larceny. In New York that is a class A misdemeanor with a range of possible penalties from one year in jail, probation for up to three years or a one year conditional discharge. There may also be fines and surcharges. The penalties you face depend on many variables and the Court or the District Attorney can choose to offer a lenient sentence. It is unusual that a first time offender who is willing to make restitution would face jail time unless there are aggravating factors. Please feel free to contact me to discuss the details of your situation.
Answered on Jan 02nd, 2015 at 8:50 AM

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