Ok, so here's the situation. I presently have a court case pending. The charge is theft over $500 and theft scheme over $500. I had a previous charge in 2004 for the same charges but, they were under $500. I received 18 months supervised and time served of 2.5 months. I know I'm reaching here, but does anyone have any idea of how much time I might be facing this time around. Mind you I didn't do what I am charged with this time. Any comment that may shed some light on my situation would be greatly appreciated. Thank you.
2007-11-04 14:59:14 · 25 answers · asked by blackwhitegemini 3 in Politics & Government ➔ Law Enforcement & Police
If you didn't do what you are charged with, you have nothing to worry about, if you did, tough sh*t............########3
2007-11-04 15:02:30 · answer #1 · answered by ? 5 · 3⤊ 3⤋
The question is hard to answer in this forum because one does not know what state you are from, and what are the laws of that state most likely.
You might try going to a web site that has the laws of your state, and going to the appropriate chapter or section pertaining to the offense which the court alleges you did. Some people who might better help you than most of those on this site are law clerks, library reference workers or clerks, police dispatchers when the shift is slow and you ask nicely, county clerks, and ex-cons whom you might find hanging around the local library or homeless shelter.
Second time round, eh? Hmmmm.... I know I am reaching too. Not meaning to make light of your situation, but if I were to have to estimate or guess conservatively I'd say, hmmmm... up to five years with maybe half that reduced for good behaviour. Could be as little as 6 months. Just don't go for third time offense because of all the three strikes you're out laws.
Good luck sister. Be good.
2007-11-04 15:08:09 · answer #2 · answered by cafegroundzero 6 · 1⤊ 1⤋
Do not worry , I won't taze you bro ..Check with a lawyer , they will not charge you to talk with you , if you can prove you did not do it , by all means do , ask the lawyer what the statute of law in your area is , and what the law recommends for a 2 time offender sentencing ....It mainly depends on if the Judge got laid the night before , or if he is good or bad mood ..Ask for a jury trail , and at the trial , beg for mercy of the court. If you did not do it , I would recommend you find another crowd to run with , as it has been proved you are known by the company you keep ....As is known already , when it comes to court , you are guilty ,unless you can prove your innocence, so if you can Do It ...with physical proof , or testimony from several reliable sources, not other thieves...
Had it been me , that you ripped off , I still would not have tazed you , I would have given you a case of lead poisoning administered by Dr. Ruger . Anyway , if you are truly innocent , I wish you luck , If you are lying and found guilty beyond a reasonable doubt by the evidence presented , all I can tell you to do is just not ask for the dinner salad to be tossed , and don't drop the soap ...
2007-11-04 15:21:41 · answer #3 · answered by Insensitively Honest 5 · 3⤊ 1⤋
Since this is a 2nd offence, at minimum you would get a double sentence plus a new charge. So if you are found guilty, I would say at least 3 years. If you were a minor when you were charged with the previous offence, the new charge will also change in severity. (no supervision, full period time served)
2007-11-04 15:04:02 · answer #4 · answered by kinsy 2 · 2⤊ 0⤋
It all depends on whether or not you can prove that you didn't do what you're charged with this time, or whether or not you can keep repeating that you didn't do it, no matter what pressure they put on you.
The key person in this whole mess is the District Attorney. If the DA's office thinks that they can get you to plead to a lesser charge they'll take it. If you stand your ground and insist on a full-blown jury trial "because I didn't do it!" then they have to do some hard thinking. Remember, they cannot bring up your priors in a court case, and in most cases like this they don't want to waste their time and resources actually bringing the case to trial.
It's a game of bluff. They'll promise you all kinds of sentence reductions, charge reductions, and they'll make up threats, because they want SOMETHING. DON'T GIVE IT TO THEM. Keep repeating that you didn't do it. NEVER budge from that. At some point, get a lawyer (a public defender is okay), and make sure that your lawyer will keep telling the DA that you simply didn't do it. Your lawyer himself WILL try to get you to plead out, but DON'T DO IT.
From what you've said here, keeping to that line should be good enough to walk.
As for facing time - don't even consider it. Always remember, YOU DIDN'T DO IT!
2007-11-04 15:14:18 · answer #5 · answered by Anonymous · 1⤊ 2⤋
May I ask a question ... why are you doing this? Why did you start down this path? You write well, seem intelligent - why would you waste your time and endanger your life with this - or even be around people who are doing these things when you could be somewhere in college learning how to run some sort of business or get a job that would pay you $5, $6, or $7 K a month (or more). I'm not trying to judge you -- I'm just truly baffled. Why is your life going this way? What do you want from your life? And what are you willing to do to get there?
2007-11-04 15:06:40 · answer #6 · answered by Anonymous · 3⤊ 2⤋
I am thinking that reoccuring situations like this they will give you double or triple what you had before. Now this can be tricky because sometimes it helps to have a good PAID lawyer. If you have a strong case with proving this time you didnt do anything then you might walk out of there clean. But all in all if you did do it then you will do more time than last time and get a higher fine aswell. Just all depends on the judge and your background.
2007-11-04 15:09:29 · answer #7 · answered by Cubangoddess 2 · 0⤊ 2⤋
The Judge will see your past conviction. This will certainly come into play for sentencing. You can bet that the charge will be, at minimum, 18 months, especially if the charge is the same. It will look like to most Judges that you didn't learn anything, and you will likely not be afforded any leniency.
2007-11-04 15:03:26 · answer #8 · answered by peersignal 3 · 3⤊ 0⤋
Yeah, everyone is jail & in prison are all innocent also....
As far as I'm concerned you should get a year or more. If you didn't learn the 1st time with what was basically a slap on the wrist, maybe some actual punishment would make you think twice in the future. It will give you a chance to take a look at who you are, where you are going & who you are associating with.
IF you are innocent why are you asking this question? Don't you have a public defender or attorney of some kind? IF you are innocent shouldn't they be helping to defend you & answering your questions???
IF you are innocent why are you worried about going to jail?
2007-11-04 15:13:47 · answer #9 · answered by More Lies & More Smoke Screens 6 · 1⤊ 3⤋
Well im hoping i watch enough
CSI: Miami and Law & Order to answer this one,
but im pretty sure it will be around
9-12 months, and since its the second time around,
i sincerally doubt your going to get any easier.
Sorry !! i feel bad for you =[
But if your supervised, then you might get half of that time
so i wish the best of luck !!
2007-11-04 15:19:37 · answer #10 · answered by Lovely. 4 · 0⤊ 2⤋
If you are in the USA and you are not guilty, take advantage of the fact that you are entitled to an attorney, at no charge, if you are not guilty, don't go down without a fight....good luck.
2007-11-04 15:03:14 · answer #11 · answered by Anonymous · 3⤊ 1⤋