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Ive never been in trouble and im being charged w/ 2cts of felony and 2cts of misdemeanor theft by taking. can i avoid jail time?

Marietta, GA |

I have a good job now and would be able to pay victims off most likely before the final court date. and i was very cooperative with the detective working my case. and also i haven't used my first offender which i hope will help in the situation.

Attorney Answers 5


  1. There are many variables which will impact the outcome in this matter. I encourage you to consult with an attorney as soon as possible to guide you through this matter. You are welcome to contact me as I will be happy to speak with you about this. With regards,

    P Darrell Kimbrell

    The information is provided for general purposes only and should not be relied upon. You are advised to consult with an attorney of your choosing, who can advise you on the particular facts and options in your case. No attorney-client relationship is intended or formed absent you executing a signed fee agreement. P. Darrell Kimbrell is licensed to practice law in the State of Georgia. Information provided is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice nor does such response create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


  2. Sitting down with an attorney from your area is the way to go. By sitting down and explaining all of the issues at hand he/she will be able to give you some insight on options and strategy.


  3. Based on my experience, the answer is yes, except in extreme circumstances. If you get the right lawyer, you could also avoid a felony conviction, or the case may be dismissed in its entirety. Feel free to contact my office.

    Thanks for reading my response to this question. If your found this answer "Helpful" or "The Best Answer" PLEASE MARK IT, because Avvo awards me points. Thank you! Note that the questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.


  4. You cannot just payoff the victims and get out of this. In fact, you may get additional charges added to your case if you approach the victims yourself about paying them off. You need the assistance of a good defense attorney to help you with this case.

    First offender is a very good idea, but you are going to have to convince a judge to give it to you (it is discretionary). This is very difficult in a multi-victim, multi-count case. Basically, the judge may see this as a crime spree and deny first offender status. You have to be prepared to present a good mitigation case to convince the judge to give first offender to you in this circumstance. An attorney will know exactly what to tell the judge (and what not to tell the judge) to give you the best chance at getting a first offender sentence.

    Nobody can tell you whether you are facing jail time without more information. There are too many factors that go into this calculation to know. An attorney would have to review the entire case against you and know who the judge was to answer this question. From your post, there are things in your favor (first time offender) and things that hurt you (multiple victims). You need the assistance of an attorney.


  5. The fact that you have never been in trouble will be a great benefit to your case in terms of helping you avoid jail time. However given that the judge and the prosecutor handling your case will also play a role in the ultimate outcome, you are best served by contacting a local attorney to allow them to handle your case.

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