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Am i looking at jail time for a 1 year misdomeanor larceny charge with a clean record?

Saint Johns, MI |

it was originally a felony larceny but dropped to a misdomenor larceny i have a clean record besides a driving on a suspended license and careless driving. the larceny was for a gun that i had pawned and was not mine but was in my possession for about 2 months. i work 2 jobs am a fire fighter and going to college for medical first responder, and criminal justice/law enforcement.

Attorney Answers 6


  1. As always, this depends on who your judge is. Most judges in the state would probably not be inclined to in lock you up. However, there are a select few who might. Are you in the district court in St. John's ?


  2. When a judge is rendering his or her sentence on a misdemeanor, jail is always a possibility because of the variety of circumstances that can and due play into a sentence. However, if you have obtained counsel, been clean while on bond, have employment, go to school, have family, and/or other general strong reasons for a judge not to toss your butt in jail you will have a very good shot of staying out. I hope you did retain an attorney and are not doing this on your own accord. If you are, then you will want to be very careful and prepare yourself for jail. That way you expect the worst and if you end up not going it will feel that much better. Good luck, and I hope my answer helped.


  3. I agree with these other fine attorneys. None of us can tell you exactly what the judge is going to do. I handle courts all over West Michigan and never try to guess what the judge is going to do. I do however, prepare my clients in a way to help reduce the possibility of jail. As you have already been told, following the terms of your bond, staying in school, staying out of trouble, etc., are ways to help. If you do not have a lawyer yet, get one. A lawyer can help paint a better picture of you at the time of sentencing. If you plan to go into law enforcement, it is very important you do this right. Good Luck!

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    The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.


  4. I agree with my colleagues who have responded. I would add that your attorney should file what is called a sentencing memorandum. This is basically a written explanation as to why you should NOT be sentenced to jail. For example, your service to the community as a firefighter could be highlighted, as well as your college work to improve your circumstances and better serve. If you do not have an attorney (and even if you do), you should discuss all of these things during your meeting with the probation agent for the pre-sentence interview. The probation agent will include this information in his report and recommendation to the judge. Best wishes.


  5. I represent clients charged in Clinton County on a regular basis. You need to be well prepared prior to sentencing. In my experience with that court, theft offenses are treated seriously. I'm not saying this to scare you, but to advise you that even though you have a clean record which is good, the judge doesn't handle these matters lightly. If you don't have an attorney, I would recommend contacting one for a consultation.


  6. Sentencing is up to the judge. Predictability may be a little easier in felony cases, where there are minimum sentence guidelines. There are no guidelines in misdemeanor cases. And most sentences, within a wide range of a judge's discretion, will be upheld on appeal. That being said, it sounds like you have may favorable factors to argue to the judge in support of leniency. Be sure you are properly represented.

    (This response should not be considered specific legal advice as to specific legal problems. It is a general overview intended to provide the questioner with general legal principles which he or she might find helpful in further researching his or her situation and in determining whether to consult with an attorney about the specific facts of the matter. The law is generally more complex than the brief overwview provided here. The questioner should not act in reliance upon this response; rather, any legal decisions made should be based on an individual consultation with a qualified attorney.)

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