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1st time offender in Indiana class d felony theft

Muncie, IN |

im freaking out ive been charged with a class d felony for theft in indiana, this is my 1st and last offense. I found out I was pregnant a couple days after I did this and already have a 7 month old. I have alot on the line, i went to jail and was bonded out, i have court in 3 days and i am very very stressed and scared im going to jail. i cannot afford a lawyer i know one will be appointed to me but i haven't met him/her yet. can someone tell me what my chances are of going to jail and what i should plea i have been told to plea not guilty but i know i did it...i dont know what to do any advice will help.

Attorney Answers 1


  1. The first thing you should do is stop admitting that you committed the offense in a public forum. It is possible you committed one offense, but the prosecutor charged you with the wrong offense.
    If you are charged with a Class D felony, which is the lowest felony in Indiana, you are allowed to ask for what is called Alternative Misdemeanor Sentencing or AMS. This option is created by statute at Ind. Code 35-50-2-7(b), which is available at http://www.in.gov/legislative/ic/code/title35/ar50/ch2.html. If the judge uses AMS, you would have a misdemeanor conviction as far as the law is concerned.
    If this is your first offense, there is no minimum prison sentence required even if you are convicted for a Class D felony.
    You should consult with your attorney before deciding how to go forward. Although any criminal charge is serious, this may not be as scary as it looks to you right now.

    I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.

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