Go Back   LegalMatch Free Legal Advice Forums > Law Forums > Criminal Law
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
Reply
 
LinkBack Thread Tools Display Modes
Old 01-14-2009, 06:35 PM   #1 (permalink)
Junior Member
 
Join Date: Jan 2009
Posts: 2
need to know what I'm facing

I was caught by my employer shoplifting about $200 over a period of time of food and merchandise. At that time the cops came and it was brought to my attention that I had a warrant--felony theft charges. I don't know the details but I'm sure it's for me stealing about $4000 from a former employer in cash. Am I facing mandatory jail time or would I be eligible for house arrest? I would like to know exactly what I am facing and if I have any possibilty of staying out of jail. Please help.
beth1972 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 01-14-2009, 06:40 PM   #2 (permalink)
Senior Member
 
Join Date: Nov 2006
Posts: 3,901
Quote:
Originally Posted by beth1972 View Post
I was caught by my employer shoplifting about $200 over a period of time of food and merchandise. At that time the cops came and it was brought to my attention that I had a warrant--felony theft charges. I don't know the details but I'm sure it's for me stealing about $4000 from a former employer in cash. Am I facing mandatory jail time or would I be eligible for house arrest? I would like to know exactly what I am facing and if I have any possibilty of staying out of jail. Please help.
It depends on a lot of things. Your age, your priors, your jurisdiction.

The facts, Ma'am. Nothing but the facts.

Until you provide the facts, I'm going to make an educated guess and say you better pack your bags. Second charge? Four thousand dollars previously? Without knowing the other information, I couldn't say for sure, but this is rather grim.
__________________
[COLOR=magenta][COLOR=blue]G[/COLOR][COLOR=darkorchid]r[/COLOR][COLOR=darkslategray]a[/COLOR][COLOR=orange]c[/COLOR][COLOR=seagreen]e[/COLOR][/COLOR]

[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
GentleGrace is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 01-14-2009, 09:17 PM   #3 (permalink)
Junior Member
 
Join Date: Jan 2009
Posts: 2
felony theft

Quote:
Originally Posted by GentleGrace View Post
It depends on a lot of things. Your age, your priors, your jurisdiction.

The facts, Ma'am. Nothing but the facts.

Until you provide the facts, I'm going to make an educated guess and say you better pack your bags. Second charge? Four thousand dollars previously? Without knowing the other information, I couldn't say for sure, but this is rather grim.
I'm 32, I have a prior misdemenor criminal mischief only, and I'm in Colorado. I don't know if they know I took $4000. All I know is that it's a felony theft. How long will I be in jail? Is there anything I can do to get house arrest instead of jail time?
beth1972 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 01-15-2009, 06:26 AM   #4 (permalink)
Senior Member
 
Join Date: Nov 2006
Posts: 3,901
Quote:
Originally Posted by beth1972 View Post
I'm 32, I have a prior misdemenor criminal mischief only, and I'm in Colorado. I don't know if they know I took $4000. All I know is that it's a felony theft. How long will I be in jail? Is there anything I can do to get house arrest instead of jail time?
What was the warrant for? It should have specified. If it wasn't for the $4,000. what would it be for? You really don't know what the warrant was for or what you were charged with? How did you know you were charged with felony theft? They told you that but didn't tell you theft of what?



If you commit several thefts, and are later caught for the thefts, the total amount of the thefts (added together) may be used to calculate what degree of crime you are charged with. For example, if you stole $300 in November (a misdemeanor), and then $200 in December (a misdemeanor), the District Attorney can combine the totals to make $500, and charge you with a felony.The sentence for Theft cases will often depend on the facts surrounding the case. Someone who steals something on a momentary impulse will likely get a lesser sentence than someone who stole methodically and repeatedly over time (which would appear to be you). Theft from at-risk adults or children will be treated more severely. Penalties are usually harsher when you steal from someone who has entrusted you, such as an employer.

Theft of $500 to $14,999.99 is a Class 4 Felony (F4) . The presumptive minimum sentence is 2 years in jail, the maximum is 6-8. Notice--these are guidelines and the judge has a lot of discretion to choose between the two. What concerns me is that at times, a pattern of behavior and the possibility of future offense can be factored into the sentence. The fact this is the second time you have been charged may be enough to establish intent and a pattern of continual behavior.
__________________
[COLOR=magenta][COLOR=blue]G[/COLOR][COLOR=darkorchid]r[/COLOR][COLOR=darkslategray]a[/COLOR][COLOR=orange]c[/COLOR][COLOR=seagreen]e[/COLOR][/COLOR]

[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
GentleGrace is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 04:21 PM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.