if someone pays restitution, (first time offense), will or can they still get jail time? how about if they hold down a job? this would be for theft and they have always had a clean record before and after this offense.
2006-10-05 05:33:25 · 11 answers · asked by ic 6 in Politics & Government ➔ Law Enforcement & Police
That is up the judge/jury. You may being doing time.
2006-10-05 05:35:33 · answer #1 · answered by Spirit Walker 5 · 0⤊ 0⤋
Depends on the state/country.
Clean records, making restitution are two positive factors in not receiving jail time. Holding a job is another. So does available jail space.
Sounds like other than the time held for charging/bail, no further time will be forth coming.
But have some money in case of fines and be thankful you have BOTH hands... as loss of limb is customary some places for theft. Second theft offense is loss of life, THERE ARE NO third offenses there.
So the short answer is YES. Hopefully without conviction as that will mar his resume forever(and Judges know this and try to act accordingly).
PS If theft was drug/alcohol related than count on there being additional charges until that underlying cause is dealt with...
2006-10-05 05:48:06 · answer #2 · answered by uncledad 3 · 0⤊ 0⤋
Did you steal a candy bar or an Escalade?
Seriously, restitution can only help unless you are pleading not guilty to the offense. Misdemeanor theft rarely carries more than probation, felony theft rarely carries more than long-term probation for first offenders. What matters most is that you didn't do something really rough, like stealing about $75,000.00 from the judge's campaign fund.
2006-10-05 06:23:46 · answer #3 · answered by CJ 2 · 0⤊ 0⤋
I don't know the law but I do know from experience ...it depends on the State, the Judge...your lawyer ...and if its a felony or misdemeanor......one of my brothers got picked up for theft, the item was under $50.00 ...our lawyer kept postponing it...he finally got 48 hrs of community service, had to take a class about theft and pay a fine of $250.00.....then it would be dismissed ...but then a friend of mine stole something the item was over $50.00 and he was charged with a felony , he paid a fine of $500.00, did 60 hrs community service, but now its on his record he didn't do any time ..hope this helps....
2006-10-05 05:48:39 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Depends on the crime, state, judge, jury, etc....
In some cases, both restitution and jail time happen. But sometimes restitution and probation could happen. Although I wouldn't count on it if it was a serious crime (e.g. grand theft, felony larceny, etc.)
2006-10-05 06:02:21 · answer #5 · answered by dapixelator 6 · 0⤊ 0⤋
Many times restitution is ordered as part of the sentence in addition to time, community service, etc.
2006-10-05 05:42:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
sometimes u have to do both---depends upon what agreement your attorney and the prosecutor work up -- and then it must be approved by the judge---yes in some instances even a first time offense results in jail time--you do not state if this is a misdeamenor or felony and what level a b c
2006-10-05 06:09:16 · answer #7 · answered by sunbun 6 · 0⤊ 0⤋
Typically restitution is in addition to any other sentence (community service, probabtion, or jail time).
2006-10-05 06:35:56 · answer #8 · answered by Goose&Tonic 6 · 0⤊ 0⤋
Depends on the court?
Some people would say it is an admission,
some people would take the money and run.
Its a choice and a chance.
2006-10-05 06:19:28 · answer #9 · answered by Anonymous · 0⤊ 0⤋
it's hard to say you may go to jail and pay fines or you get probation and pay fines but one thing is certain you will pay fines no matter what
2006-10-05 05:42:37 · answer #10 · answered by Anonymous · 0⤊ 0⤋