What can be expected with THEFT BY UNLAWFUL TAKING/DISP-SHOPLIFTING charge while on probation for other misdemeanor charges?

Asked over 2 years ago - Paducah, KY

under $500 so the theft charges are a class A misdemeanor.
already on 2yr probation for similar misdemeanor charges in a different county.

also, Miranda rights weren't given any time during arrest. when asked the officer about it he claimed, "i don't have to.". i didn't think there were any circumstances where they didn't have to

Additional information

on probation in Crittenden County KY
new charges in McCracken County KY

Attorney answers (1)

  1. Frank Mascagni III

    Contributor Level 20

    Answered . First offense Theft By Unlawful Taking Under $500.00 is a Class A misdemeanor carrying a penalty of up to 365 days in jail, a max. fine of $500.00, or both, and court costs of approx. $135.00:

    § 514.030. Theft by unlawful taking or disposition - Penalties.
    Kentucky Statutes

    Title 50. KENTUCKY PENAL CODE

    Chapter 514. THEFT AND RELATED OFFENSES



    Current through Chapter 106, Regular Session 2011


    § 514.030. Theft by unlawful taking or disposition - Penalties


    (1) Except as otherwise provided in KRS 217.181 or 218A.1418, a person is guilty of theft by unlawful taking or disposition when he unlawfully:

    (a) Takes or exercises control over movable property of another with intent to deprive him thereof; or

    (b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.

    (2) Theft by unlawful taking or disposition is a Class A misdemeanor unless the value of the property is five hundred dollars ($500) or more, in which case it is a Class D felony; or unless:

    (a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony;

    (b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432,in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense; or

    (c) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

    History. Effective: June 25, 2009
    Amended 2009 Ky. Acts ch. 106, §6 , effective June 25, 2009. -- Amended 2000 Ky. Acts ch. 233, §8 , effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 301, §9 , effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 314, §2 , effective July 15, 1994. - Amended 1992 Ky. Acts ch. 451, §1 , effective July 14, 1992. -- Created 1974 Ky. Acts ch. 406, §119 , effective January 1, 1975

    Assuming you are on a 2 year period of probation from a prior conviction, further assuming one of your conditions is to remain arrest free, a new charge is a violation of that probation and subjects you to a motion to revoke your prior probation in the county of conviction. The newsest charge might subject you to your prior record being run, and the prosecutor will see your prior conviction and probation. His offer will increase based on your record.

    You need to hire a competent criminal defense attorney ASAP to represent you and discuss your options.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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