What are chances of probation instead of jailtime?

Asked 6 months ago - Bronx, NY

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A very close friend of mine left her job and found out from a prior coworker that she was caught on camera stealing gift cards worth $10,000 for a friend. She understands what she did was stupid and regrets it. Its been weeks and she hasnt been contacted yet about anything but shes mortified of what is going to happen. Shes a single mother of two and a first offender. What are her chances of not going to jail but instead getting a lesser punishment?What should she expect over the next couple of weeks?

Additional information

I dont how the post ended up under DWI, sorry.

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Attorney answers (5)

  1. Contributor Level 16

    14

    Lawyers agree

    Answered November 25, 2012 14:04. It will depend on many factors including the ability to make restitution and the jurisdiction of the case. Your friend should hire a lawyer BEFORE she is contacted by the police

  2. Pro

    Contributor Level 13

    11

    Lawyers agree

    Answered November 25, 2012 13:35. With the value of the gift cards so high jail time is certainly a possibility. However, because it is her first offense she should be able to avoid jail. She will need her attorney to work closely with her to increase the likelihood that she will not have to spend any time in jail.

  3. Contributor Level 12

    11

    Lawyers agree

    Answered November 25, 2012 14:52. Your friend needs to contact an experienced criminal defense attorney who is on very familiar working terms with the District Attorney's Office. There are many factors which come into play in determining a sentence, including the lack of any prior record, the willingness to take responsibility and the ability to pay restitution.

  4. Contributor Level 20

    10

    Lawyers agree

    Answered November 25, 2012 14:57. I recently handled a similar case. Your friend should hire a criminal defense lawyer and not make any statements to the police if she is arrested.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  5. Contributor Level 20

    9

    Lawyers agree

    Answered November 25, 2012 15:38. She should say nothing to ANYONE about this, including any investigator for the employer or the police.
    Jail is a real possibility unless she can pay back the $$



    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more

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