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

Asked almost 3 years ago - 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)

  1. Patrick Michael Lewis

    Pro

    Contributor Level 16

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    Answered . 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... more
  2. Atiq R Ahmed

    Contributor Level 10

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    Answered . 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... more

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