what are my chances to my 2 theft misdemeanors off or my attorney make a deal with judge?

What makes theft a felony instead of a misdemeanor?

Feb 17, 2010 · My guess is you will be before Magisterial Judge Nesbitt who is a fair and even handed justice. Based on what you have posted you may very well be eligible for ARD which is probation without verdict and you can have your arrest record expunged in one year. Speak with your PD about applying for the program.

Can a first time misdemeanor theft be taken off my record?

Apr 08, 2013 · A first time misdemeanor theft can oftentimes be taken off of your record through an instrument called a 'plea in abeyance'. What this means is that you would plead guilty to an offense, but the court would hold sentencing 'in abeyance' (meaning you would not be sentenced) for a length of time, probably 6 months or a year.

What are the penalties for a felony theft charge?

Common misdemeanors include possession of controlled substances or drugs, petty theft, vandalism, perjury, prostitution, indecent exposure, trespassing, basic assault, resisting arrest, public intoxication, and DUI (Driving under the Influence). Some jurisdictions refer to the person who commits a misdemeanor as a misdemeanant.

Can a repeat criminal offender face a felony theft charge?

The penalties for most theft and larceny offenses are based on the value of the property stolen. State laws generally set a monetary cut-off point (a threshold) that distinguishes felonies from misdemeanors. But other factors can also make a theft a felony, regardless of the amount involved, such as the type of property stolen.

What are two outcomes of a person who has been convicted of a misdemeanor?

Statutes authorize a range of penalties that can be imposed for misdemeanors. These typically include no penalty, time served, a fine with no incarceration, a sentence to probation, incarceration with no fine or a combination of incarceration and a fine.Jan 29, 2019

How long does it take to get a court date for a misdemeanor in Texas?

If charges are never filed, someone can seek expunction long before the statute of limitations expires, contingent upon how serious the charges are. The current waiting periods are 180 days for a Class C misdemeanor, one year for Class A and B misdemeanors, and three years for felony charges.

What are the advantages of a plea bargain for the prosecution?

Plea bargains allow prosecutors to avoid trials, which are shunned because they are time-consuming, labour-intensive, and costly but carry no guarantee of success. Through the rational use of plea bargaining, prosecutors can ensure some penalty for offenders who might be acquitted on technicalities.

What is the most likely punishment for someone who is convicted of a misdemeanor?

The standard penalty for a misdemeanor is up to one year in county jail and/or a fine up to $1,000. However, unless the code or statute provides otherwise, any offense deemed a misdemeanor will have county jail time of up to 6 months.

How long do misdemeanors stay on your record?

How long is a misdemeanor on your record? A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.

How long do misdemeanors stay on your record in Texas?

Legally speaking, a misdemeanor is on your record for life. However, in some cases, background checks will only go back a certain number of years. For instance, in Texas, there is a “seven-year rule” in place discussed more below.Mar 26, 2019

What are the 3 types of plea bargains?

According to FindLaw, the 3 types of plea bargains are charge bargaining, sentence bargaining and fact bargaining.Nov 13, 2020

What is the downside of plea bargains?

The Cons of Plea Bargains Innocent defendants pleading guilty: The biggest drawback to plea bargaining is that innocent defendants decide to plead guilty to lesser charges to avoid the risk that they will be found guilty at trial. Despite being innocent, these people now have criminal convictions on their records.May 17, 2021

What plea has the same consequences in criminal court as a guilty plea?

Pleading "No Contest" (Nolo Contendere) In Place of a Guilty Plea. A "no contest" or nolo contendere plea, in essence, says to the court, "I don't choose to contest the charges against me." This type of plea, often part of a plea bargain, results in a criminal conviction just like a guilty plea.

What is the most serious misdemeanor?

Class A MisdemeanorA Class A Misdemeanor, also known as a “Misdemeanor Class A,” is considered the most serious type of misdemeanor in most jurisdictions. Therefore the punishment for a Class A Misdemeanor is typically close to the maximum of one year in jail.Aug 13, 2020

What is a Class 2 misdemeanor in NC?

A Class 2 misdemeanor carries a maximum penalty of sixty days in jail and a $1,000 fine. Class 2 misdemeanors include simple assault, disorderly conduct, resisting a police officer, and carrying a concealed weapon.Apr 22, 2014

What is the most common misdemeanor?

What Are Some Common Misdemeanors?Drunk driving.Petty theft, including shoplifting.Minor or simple assault or battery.Trespassing.Vandalism.Minor sex crimes, including solicitation, prostitution and indecent exposure.Resisting arrest.Some cybercrimes, including stalking or bullying.More items...

How long can you go to jail for a misdemeanor?

If you are convicted of a gross or aggravated misdemeanor, jail time can be as long as 364 days and you may pay a fine that exceeds $1,000. Common misdemeanors that fall under standard include public intoxication, possession of drugs or controlled substances, prostitution, petty theft, shoplifting and trespassing.

What is a misdemeanor?

In the United States, a misdemeanor is classified as a criminal offense with lesser penalties than a felony but has greater punishment than an infraction. Crimes considered as felonies are homicide, murder, burglary, rape, and kidnapping.

What is a wobbler in criminal law?

In the legal world, a person who has committed a crime that may or may not be charged with a misdemeanor or a felony is sometimes referred to as a wobbler. Depending on the type of crime that was committed, the jurisdiction dictates whether it will be classified under misdemeanor or felony; or misdemeanor or infraction.

How long does a misdemeanor stay on your record?

Your misdemeanor charges will be on your criminal records and will stay on your criminal record permanently - for life.

Is a DUI a wobbler?

Brandishing a weapon or assaulting someone with a deadly weapon is also considered a wobbler.

Can a felony be reduced to a misdemeanor?

In the same manner, your felony charges may be reduced to a misdemeanor charge based on legal factors and circumstances. Oftentimes if the misdemeanant pleads guilty, the misdemeanor charges are downgraded to mere infractions.

Can you get a misdemeanor off your record?

Getting your misdemeanor charges off your record is possible depending on the jurisdiction. If you have only committed a single common misdemeanor, your chances of getting it taken off your record is better than when you have multiple charges.

What happens if you get charged with felony theft?

A conviction for felony theft will irrevocably alter your life as you will not only face criminal penalties , but your ability to find a job. Only a local criminal defense attorney who is thoroughly knowledgeable about local felony theft laws and who has experience in dealing with area judges, prosecutors, and the local criminal justice system is able to provide you with quality legal advice.

How much is a felony theft?

In order to be a felony theft, the value of the property must exceed a minimum amount established by state law, typically between $500 and $1,000. For example, if a state has a $600 felony theft limit, a person who steals a bicycle worth $400 has committed a misdemeanor. If another person in the same state steals a bicycle worth $700, ...

What is a larceny?

The term "larceny" encompasses a group of crimes that all involve depriving someone else of his or her property. When most people think of theft they typically think of larceny, the taking of someone else's personal property. For example, stealing a bicycle from a bike rack or taking someone's purse as it hangs from the back ...

What is restitution in criminal law?

Restitution is money paid to compensate the owner of the property for the loss. Restitution must be paid in addition to any fines imposed. Probation. Someone convicted of felony theft may also be sentenced to probation in addition to, or separately from, fines or jail time.

How long is a felony theft sentence?

Prison sentences for felony theft can last a number of years, though the length of the sentence differs significantly. For first-time offenders who are convicted of the lowest severity level of felony theft, the potential prison sentence can be anywhere from several months to two or three years, though a court may also choose not ...

Is grand theft a misdemeanor?

Commonly, states define felonies either based on the value of the property stolen or on other factors involved in the crime. Felony theft is sometimes referred to as grand theft, though that description is not entirely accurate as some grand theft charges are misdemeanor offenses. Property value felonies.

How long can you go to jail for theft?

For repeat offenders or those convicted of the most serious felony theft offenses, prison sentences can range between several years to 20 years or more. Fines. Felony theft convictions also bring with them the possibility of significant fines. A single conviction can bring a fine as low as $1,000 dollars, or as high as $150,000 or more.

Cynthia Russell Henley

Unfortunately there is nothing you can do to get this off your record. While post conviction habeas applications can some times be used to get a case back in front of the trial court, there has to be a constitutional reason to grant the application and it does not appear that you have one.#N#Sorry.

Carolyn F. Horton McDaniel

It sounds like you may have made a bad & hasty decision not to plead to a deferred probation. If you had taken the deferred probation you could have filed a non-disclosure to keep your record off the public records. Unfortunately if you chose the convection over the deferred probation, there is not much you can do.

Shannon Willis Locke

This is a difficult question to answer and demonstrates why it is important to sit down with a lawyer to explain your options. The first question I would ask you is what kind of theft case you had. I would also want to know how much you were accused of taking.

How long is probation for a misdemeanor?

The basic probationary sentence with a misdemeanor is 3 years’ probation. For a felony, the basic would be 5 years’ probation. The person would get a state prison sentence or one year in county jail. However, this depends on the level of the grand larceny. This is based on the amount taken.

What is the charge of burglary?

However, the burglary charge basically involves going into a premises, whether it is some sort of building, a commercial premises, or someone’s house, with the intent to commit any crime inside that premises. The usual crime committed is larceny, either a petty larceny or a grand larceny.

Is theft a crime?

However, most auto theft is actually intentional crime that allows cars to be shipped overseas for a black market. Alternately, the theft allows cars to be taken apart for used parts. The theft can also be a crime of convenience when someone tries to get away from something quickly.

What are the consequences of a misdemeanor?

Misdemeanors are not the most serious crimes. Those are called felonies and include charges like burglary, rape and murder, which can result in a sentence of life in prison. Misdemeanors are usually defined as those crimes that carry a maximum sentence of a year in county jail.

What is a misdemeanor in jail?

Misdemeanors are usually defined as those crimes that carry a maximum sentence of a year in county jail. Yet the consequences of having been arrested or convicted of a misdemeanor can be very detrimental. Many employers ask job applicants whether they have ever been arrested or convicted of a crime, and, in this context, crime includes misdemeanors.

Can a misdemeanor be expunged?

Anyone who has a misdemeanor charge on his record should look into the expungement rules in his state. Most states have laws providing for some sort of expungement, the process of sealing arrest and conviction records. The details and procedures differ among states, but in most jurisdictions, an expunged arrest or conviction need not be disclosed ...

What happens after a petition is filed?

Once the form is filed, it is up to the court to decide whether to grant your petition. Provide the court with any documents that will help it make its decision (such as evidence of volunteer work, affidavits that testify about your good character, etc.). Warnings.

Can a landlord ask about a criminal record?

Similarly, a landlord can ask a prospective tenant about her criminal record. Some employers and landlords might decide against selecting someone with a criminal history.

Does expungement mean criminal charges disappear?

It's nice to think of expungement as simply making the criminal charge vanish, but this is not the case.The records do not simply disappear and they are not destroyed. Instead, the records are removed from public access and sealed.

Is a misdemeanor a felony?

Even though a misdemeanor is a lesser crime than a felony, having any kind of a criminal record can create challenges down the road. In some cases and in some jurisdictions it is possible for someone arrested for, or convicted of, a misdemeanor to have it expunged from his record.

How to get a felony reduced to a misdemeanor?

If you have been charged with a felony, you may be able to get it reduced to a misdemeanor through plea bargaining. If you have already been convicted of a felony, you can get it reduced to a misdemeanor in certain situations by petitioning the court to modify the charge on your record. Steps.

What is the difference between a felony and a misdemeanor?

A felony is a serious offense that carries a punishment of a year or more in prison, while a misdemeanor usually carries a maximum sentence of up to a year in jail. If you have been charged with a felony, you may be able to get it reduced to a misdemeanor through plea bargaining.

Can a felony be reduced in California?

For example, in California, you can only get a felony reduced if the offense was a "wobbler.". A "wobbler" is a crime that the prosecution can choose to charge as either a felony or a misdemeanor, such as burglary or assault with a deadly weapon. In Indiana, the charge must have been a "Class D" felony and not been related to a violent ...

Can you go to jail for a felony in California?

These requirements should be listed on the forms. In California, you are not eligible if you served time in prison.

What are the next steps in a case?

The next stages of the case include: Discovery: Both sides in collect and exchange information as they assemble evidence and witnesses for trial. Motions: Written requests asking court to resolve a disagreement about the law or instruct the parties to do something. A motion's outcome can affect plea bargaining.

Is a misdemeanor a felony?

Accepting a misdemeanor instead of a felony is often a good middle ground for both sides. Consider this hypothetical: Don is charged with attempted murder, a felony, as a result of a fight between Don and Vic. There is only one witness, Walt, who said that Don tried to kill Vic during the fight.