A close friend of mine was arrested recently.
He spent the night in jail. He has never had so much as a speeding ticket, much less been arrested and jailed.
He has to go to court in a week or so and is terrified that the judge is sending him back to jail. He's hinted @ suicide, rather than facing more jail time. Frightening, and it concerns me a great deal. If ANYONE has unofficial/off-the-record advice/help or experience w/ this sort of situation, PLEASE let me know! BTW, his paperwork stated the specific reasons for arrest:"violation of Pawn Brkr.s Act" and "theft, over $500" The latter, I've discovered, is a class 4 felony. Ohy Vey! So n e one familiar w/ such issues, please let me know ur thought. I and(even more so) my friend are terribly worried about his having to return to prison. Hopefully, w/ his lack of history w/ n e such issues, the judge will br lenient?
2006-11-28 19:48:08 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
A class 4 felony is low; I doubt a theft (stealing without trespassing, shoplifting, force or coercion) grand or small would land someone in prison. Justice is blind, and that is supposed to be a good thing. Violations (speeding, domestics, disturbance of the peace etc) do not go an ones permanent record.
How did your friend violate the Pawnbrokers Act? My guess is did not get a license to open up shop, so that means he failed to pay $60 for the license and did not provide the $2000 deposit to the town government. Did he open another shop? That would be another way to violate the act, by setting up a monopoly on the collateral business.
In any case, it sounds like he won't go to jail. He won't go to prison no matter what (prison, is for sentences beyond 1 or 2 years depending on the state or province) I see a misdemeanor - contempt of court - and a suspended sentence based on that.
2006-11-28 20:29:00 · answer #1 · answered by Lightbringer 6 · 0⤊ 0⤋
1
2016-06-11 18:48:51 · answer #2 · answered by ? 3 · 0⤊ 0⤋
based on what you wrote first time felon would probably get fines and court cost probation for two years of the fines aren't paid or a probation violation he would have to do what time would have been left on his sentence. if he gets a strict judge he many do a couple month in jail as well. In fact if he gets a court appointed lawyer the lawyer will probably get the case dropped from a felony to a high court misdemeanor which to me is the same thing just looks better on paper.
2006-11-28 19:53:46 · answer #3 · answered by DR.PHIL-A-LIKE 3 · 0⤊ 0⤋
You are right on the lack of history helping him with this... the charge could be a misdemeanor or a felony.. make sure it is a felony.. look up the violation under the number and book its under and it will tell the maximun punishment for the violation.. felonies are served in state prison and midemeanors are served in county jails... but since his lack of history, he will most likely pay a fine... but there is a chance of jail/prison
2006-11-28 19:54:28 · answer #4 · answered by Doug F 1 · 0⤊ 0⤋
I do not know where you live but in the USA (many states) there is a program for first offenses called an intervention. This allows persons who commit a crime to go on probabation and if they do nothing wrong for a certain amount of time they are relieved of the offense and it is expunged from their record. Tell your friend to get a good lawyer and request an intervention and leniency. PS.....also tell him to get counseling and payback what was owed prior to the court date so the judge will look on him favorably Good luck
2006-11-28 19:59:25 · answer #5 · answered by xovenusxo 5 · 0⤊ 0⤋
If convicted, jail would be a possibility, but usually in theft cases, especially where first time offenders are concerned, probation and restitution are the preferred method of punishment.
2006-11-29 07:37:52 · answer #6 · answered by Anonymous · 0⤊ 0⤋
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2016-11-29 22:16:27 · answer #7 · answered by ? 4 · 0⤊ 0⤋
when he goes to court have him plead not guilty, even if he is. because this will give him a new court date and acess to the public deffender. at the next court appearance he can put in a new plea, and the PD will help him to get the best possiable outcome for his situation. probaly probation being a first timer. call the local public defender office just to make shure. i guarantee hes not screwed. he just needs to learn his lesson
2006-11-28 20:03:39 · answer #8 · answered by silentdreamin 3 · 1⤊ 0⤋
first and foremost tell him not to ever hint at suicide. do it or don't, but they can literally own him for the rest of his life for that. Outside of that, you need real legal help. May help if people know what state you are in too
2006-11-28 19:53:33 · answer #9 · answered by your_name_here 3 · 1⤊ 1⤋
with lack of history and a good lawer he get probation. talking from experence.
2006-11-28 19:54:03 · answer #10 · answered by waljac6108 5 · 0⤊ 0⤋