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They Charged her with theft a misdemeanor and unauthorized use of a credit card which she says the credit card she did not do. but is a class 4 felony she has been in jail for a week now in county jail what is going to happen to her when she goes to her next court date.

2006-07-20 07:55:43 · 19 answers · asked by dennis372006 2 in Politics & Government Law & Ethics

What if 10 years ago she served time in prison for arson. I am in Illinois. And thank you all for putting my mind at ease I am a nervous wreck I also have 2 girls I am 37 in college and my kids are 3 and 5 and I am lost. Thank You all for the kind words of encouragement

2006-07-20 08:45:49 · update #1

19 answers

Get a lawyer, a good one. You said this is her first offense. For anything, or just for this? If it's her first offense of any kind, ask the prosecutor for community service and a fine, maybe a 'suspended sentence' if she violates the terms of the agreement - she shouldn't end up serving any jail time in most places.

AND FOR THE LOVE OF GOD POST BAIL FOR HER!!! She shouldn't be sitting in jail for a week waiting on a court date for something as mundane as this. Go talk to a bail bonds office and get her out. Right now! Seriously.

2006-07-20 08:29:09 · answer #1 · answered by OccumsRevelation 2 · 3 1

Hello - I second the recommendations that she get a lawyer. I don't know what state you are in, but she should ask for a lawyer to be appointed to her case if you can't afford one. Having a theft charge on your record, even if it's just a misdemeanor, can have serious long-term consequences that can affect your ability to get a job, rent an apartment and get student loans, because it's considered a crime of "moral turpitude". In addition, if she gets a felony, she cannot vote in some states and her status as a felon will follow her the rest of her life. In some states, like California, a misdemeanor can be removed from your record; it's called "expungement".

Good luck and get a lawyer right a way.

2006-07-20 08:14:18 · answer #2 · answered by Fran T 2 · 0 0

Yes, get a lawyer on this. She should not be talking to police without one. A lawyer has to look at the evidence and how damaging it is against her. If they have her signature on a credit slip then that is quite damaging. It she has no prior record then she could get off with no jail time if she pleads guilty BUT don't take this advice. Every court is different and only an experienced local attorney can give the best advice.

2006-07-20 08:02:30 · answer #3 · answered by Signilda 7 · 0 0

They could nail her good for the credit card, but the shopping card is for the person who has the card, so she did nothing illegal there. But the credit card that's anything from forgery to identity theft. If she did not use the credit card, then nothing to worry about.

2006-07-20 07:59:05 · answer #4 · answered by warlord46750 3 · 0 0

She definetely needs a lawyer!!!! If the judge is nice she could get probation. I would think they would have to prove she used the credit card before they charged her. As far as the gift card, I don't know about that.

2006-07-20 08:03:58 · answer #5 · answered by deadhead 3 · 0 0

she could get up to a year in prison for a class 4 felony. She should contact a good lawyer.

2006-07-20 07:59:39 · answer #6 · answered by azrael 1 · 0 0

Hmmmm....felony can be up to a year. This is her first offense for what...larceny? What other little crimes does she have on her record? Of course, she'll have to make restitution and if she misses one payment...hello County Jail!

2006-07-20 07:59:27 · answer #7 · answered by Quasimodo 7 · 0 0

Identity theft is 20 plus years in federal prison. Enjoy idiot.

2006-07-20 07:58:45 · answer #8 · answered by deacon 6 · 0 0

Bottom line: if she is convicted for either or both offense(s), she will have a criminal record that will follow her for the rest of her life. Was it worth whatever she bought using someone else's card?

2006-07-20 08:02:19 · answer #9 · answered by Anonymous · 0 0

i don't know, but i found a blockbuster card the other day and was thinking of using it but after hearing that i think i'll trash it. talk to a lawyer hope things work out. oh bye the way what did she buy ?

2006-07-20 08:04:05 · answer #10 · answered by Anonymous · 0 0

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