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Will I receive jail time for a felony theft first offender charge?, it was a 1500 $ tv?

Wichita, KS |

The reason for theft was Im expecting a child, and I have mounds of debt. The tv was returned to walmart, and I have a clean criminial record. Is there any chance the judge or prosecutor would drop the charge to misdemeanor (the arresting officer said this to me) given the circumstances and no priors?

Attorney Answers 2

Posted

First, as the previous answer pointed out, do not admit to anything at this point. Do not discuss the facts of the incident with anyone other than an attorney. If anyone asks you anything simply say you do not want to talk at this time.

Second, if you cannot afford an attorney and request one from the court an attorney will be appointed. If the case is in Sedgwick County the public defender's office will be appointed. That attorney can discuss with you your options. You may be eligible for diversion which could keep any conviction from your record. The prosecution might be willing to amend to a misdemeanor. If convicted of a count of felony theft, with no record and assuming you are not on bond for anything else you would be presumptive for probation. There are still issues of shock time and departure but you would need to discuss those with the attorney who has the reports and knows the attitudes of the prosecutor and the judge.

Third, although this is undoubtably very upsetting it is managable. Do not let yourself become so frightened that you do not deal with the situation. Do not fail to appear in court.

Legal disclaimer: Legal disclaimer: Patrick M. Lewis, (913) 558-3961, patricklewislaw@gmail.com. This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.

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Posted

I rev=cieved good answers thank you gentleman... is there any way to remove my question? I dont want to incriminate myself per your advice

Patrick Michael Lewis

Patrick Michael Lewis

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Posted

You must discuss your case with a competent local attorney in the privacy of the attorney's office, rather than admitting to felony charges on the internet. An attorney is bound by the confidentiality of your disclosures, thereby allowing you to discuss the varying possibilities that would lessen the impact of any state imposed sanctions.

You may wish to call up the duty-day attorney at the local public defenders office. Alternately, call up the lawyer referral service for the local bar association. They may have a list of attorney you can consult at reduced fees.

Legal disclaimer: The response to this inquiry is for informational purposes only, and is expressly not legal advice. This information is not intended to create, and receipt of it does not constitute under any interpretation, an Attorney-Client relationship. Readers should not act upon this advice without seeking advice from competent professional legal advisers.

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