Can I get probation for feloy theft? 43 Answers as of May 31, 2011

I am being charged with felony theft, this is my first offense. Will I have to do jail time, I turned myself in and have cooperated with the law officials.

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Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
This will depend upon the specific circumstances surrounding your case. It is conceivable that you may be able to negotiate a deal in which your sentence is suspended or deferred and you avoid jail time in return for entering a certain plea and submitting to probation, etc. You should not accept any plea deal without first consulting with an attorney to make sure that you end up with the best possible result given the circumstances. There are many factors that will affect your future ability to have the charge expunged and clear up your record which an attorney will know how to navigate.
Answer Applies to: Louisiana
Replied: 5/31/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
The answer would depend on the jurisdiction. In Oregon, where I practice, people with no prior criminal history typically only receive probation and short jail sentences for felony theft charges. Prison sentences are usually only for particularly serious cases or repeat offenders.
Answer Applies to: Oregon
Replied: 5/31/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
The question in Michigan would be answered by the Sentencing Guidelines fo ryour offense, taking into account your prior record and the factors about the offense. To answer your question directly, you would need to have your case reveiwed by your attorney who can advise you of what range of sentences the Judge can impose and what is likely. In some cases, a plea agreement can be reached at the time of a plea. In your case, the cooperation with the police could help favorably influence the Court at sentencing. It depends on the offense and the Court your are in. However, your cooperation may also amount to admissions which support your conviction. Once again, this should be reviewed by and discussed with your attorney to determine the impact in your case. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 5/31/2011
Law Offices of Scott G. Hilderman
Law Offices of Scott G. Hilderman | Scott G. Hilderman
It is an option. Depending on how much you took and whether it was recovered probation would be a likely outcome especially since you cooperated.
Answer Applies to: Montana
Replied: 5/27/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
You could get probation for felony theft.
Answer Applies to: Michigan
Replied: 5/27/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Yes. If you are convicted you will be placed on probation. I can't tell you if you will have to do any time. That decision is up to the sentencing Judge and will depend on many factors such as history and facts of the case. Good luck.
    Answer Applies to: California
    Replied: 5/27/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Most people on a first offense receive some sort of probation which can involve jail. Cooperation may help limit the penalty.
    Answer Applies to: Nebraska
    Replied: 5/27/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Probation usually includes some jail time as a condition. You should hire an attorney to help you.
    Answer Applies to: California
    Replied: 5/27/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Kansas sentencing guidelines determine the penalty for every felony charge depending upon the severity level of the charge coupled with the defendant's personal criminal history. Usually felony theft is presumptively a probation result if a person has little or no prior criminal history.
    Answer Applies to: Kansas
    Replied: 5/27/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    It is possible to get probation. This would depend on the facts on the crime and your attorney.
    Answer Applies to: California
    Replied: 5/27/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Felony theft of property would either be theft of property second degree or theft of property first degree.Theft of property second carries a penalty of not less than one year and a day and not more than ten years in a state prison. Theft of property first carries a penalty of not less than two years and not more than twenty years in prison.Whether or not the state would recommend probation is dependent on many different factors such as, age, prior criminal record, the nature and facts of the case and the input from the victims.Most people charged with theft of property (felony) first offense do get probation.
    Answer Applies to: Alabama
    Replied: 5/27/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Your ultimate sentence will be determined after you are found guilty of some crime. The fact that you have cooperated may be taken into consideration. Without knowing more of the facts and the Court involved, I cannot determine whether you will serve any time in jail. If convicted, being placed on probation would seem like at least a minimal result.
    Answer Applies to: Michigan
    Replied: 5/27/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    There is a very good possibility that you will receive probation on this charge. Nothing is 100% certain, but with your co-operation, and the recovery of the stolen goods, you should get probation.
    Answer Applies to: Illinois
    Replied: 5/27/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further details, but it is possible for a first offense to get a no jail sentence. You should hire an attorney to negotiate a plea or go to trial.
    Answer Applies to: New York
    Replied: 5/27/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    Unless specified by statute, probation is available for felony theft. However, it is the court's discretion whether or not to grant probation. the court bases it decision on many factors, including, but not limited to, the victims statement, prior record, the offenders cooperation and the seriousness of the offense. the judge can sentence a person to jail time for a first offense. it has been my experience that the court relies heavily on the prosecutor's recommendation and the victims statement when deciding on an appropriate punishment.
    Answer Applies to: Connecticut
    Replied: 5/27/2011
    The Law Office of Matthew Byrne
    The Law Office of Matthew Byrne | Matt Byrne
    If this is your first offense, you should be eligible for probation. Of course, before you consider a plea offer, your lawyer review the State's evidence and conduct an independent investigation, to make sure the State has a case. Then, he or she should negotiate terms that minimize your consequences, and convey any offer to you and advise on you on your options. In terms of plea negotiations, there are a number of factors to consider. Better than straight probation (with a conviction), you may be eligible for deferred adjudication or some other disposition that keeps your record clean or allows you to seal it later upon successful completion of the supervision period. Again, your lawyer is there to counsel you on your options once he or she has obtained the best offer possible, and only after investigating the case to make sure that going to trial is not a viable option. Give me a call if you have further questions, and good luck.
    Answer Applies to: Texas
    Replied: 5/27/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    While no one can ever predict what will happen at sentencing, you should discuss with your own criminal defense attorney your rights and options, and I am confident that your lawyer might ask for first offender probation. Please retain your own attorney and discuss this with him or her. Good luck.
    Answer Applies to: Georgia
    Replied: 5/27/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Probation can be ordered for any jailable offense. So yes you can get probation, every case is unique and the outcome will largely be dependent on the location of court, victim, your history, the skill of your attorney and many other factors. You need an experienced criminal defense lawyer to help you with a felony. Do not try to handle the situation on your own.
    Answer Applies to: New Hampshire
    Replied: 5/27/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Whether you get any jail time depends on many factors including the facts around the theft, the judge, and the district attorney. You have mentioned a couple potentially good facts (you turned yourself in and you cooperated), but you have not mentioned the most important fact: that you have a lawyer. If you actually care what happens to you in court then you need a good criminal defense lawyer on your side. Please consult with some lawyers in your area and choose one to represent you.
    Answer Applies to: Georgia
    Replied: 5/27/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Depends on what he tells authorities in order to escape prison. If he says you were involved, then YES.
    Answer Applies to: Georgia
    Replied: 5/26/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, if it's your first offense, you could possibly get probation, but it will be up to the sentencing judge.
    Answer Applies to: Virginia
    Replied: 5/26/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    In Washington there is no community custody (probation, parole) for property crimes such as theft. Depending on the amount or value of the item taken, you might be eligible for a First Time Offender Waiver (FTO) which carries a sentencing range of 0 - 90 days in jail. FTO, however, can have up to two years community custody in addition to any confinement.
    Answer Applies to: Washington
    Replied: 5/26/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I have never had a client go to jail for a first offense offense involving a theft unless they stole a large sum of money or the victim was an elderly person or a church. Normally you will be offered a plea to Petit Larceny and be sentenced to 1 year probation. You will have a criminal record and have to pay restitution if the victim has sustained a loss.
    Answer Applies to: New York
    Replied: 5/26/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    A good attorney can probably make that happen. I would have to know more about the details of the case but from the facts you give those are all things that would go toward your only getting probation.
    Answer Applies to: California
    Replied: 5/26/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You are going to most likely get probation based on your limited facts. Stay well.
    Answer Applies to: Alabama
    Replied: 5/26/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    You will likely receive probation if this is your first offense. If you can give me more details of your case, I can provide more information. Please feel free to call my office.
    Answer Applies to: Missouri
    Replied: 5/26/2011
    NOLA Criminal Law
    NOLA Criminal Law | Townsend Myers
    In Louisiana a first-offense felony theft IS eligible for a probated sentence. There is no mandatory minimum jail time, although it is up to the sentencing judge whether to allow probation or not. You should speak to a lawyer in your area to discuss the possibility of a plea to probation.
    Answer Applies to: Louisiana
    Replied: 5/26/2011
    Lisa Mulligan Law Offices, LLC
    Lisa Mulligan Law Offices, LLC | Lisa Mulligan
    You're going to need to have a lawyer review all the details of your case before you can get a reliable answer to this question. Your lack of criminal history is a great thing, but I would need to know more about the state's allegations and the strength of their evidence - please give me a call if you'd like to discuss this further!
    Answer Applies to: Washington
    Replied: 5/26/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Whenever you are charged with a crime and speaking with authorities you want to make sure you have hired an experienced criminal defense attorney. A private attorney can determine whether or not you should go to trial, try to get the case dismissed or negotiate the best plea bargain for you.
    Answer Applies to: Hawaii
    Replied: 5/26/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    Yes, it is possible. However, many factors can affect the outcome of your case, such as the value of the theft, the circumstances of the theft, the number of alleged thefts, the degree of evidence, the position of the prosecution, and the inclination of the Judge.If your lawyer can successfully overcome these roadblocks, then probation is a definite maybe.
    Answer Applies to: New York
    Replied: 5/26/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If it is your first offense, you could very well get off with probation depending on what type of theft crime. If it's something more serious like Armed Robbery, then probably not. Many states have diversion programs where the charge can stay off your record if you successfully complete probation. Consult with an experienced criminal attorney about the details of your case in order to get a more complete evaluation.
    Answer Applies to: Michigan
    Replied: 5/26/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Yes you could be granted probation on a first offense. I have no idea about the actual facts, so my analysis is very limited. You may want to call to discuss in greater detail.
    Answer Applies to: Oregon
    Replied: 5/26/2011
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    Yes. Generally for a first offense, you can get probation. But it depends on your jurisdiction and the facts of your case.
    Answer Applies to: Arkansas
    Replied: 5/26/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It will depend on the amount that was stolen and the circumstances as to how the items were stolen. The best way to get simply probation is to hire an attorney to assist you.
    Answer Applies to: California
    Replied: 5/26/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    You should definitely try and consult, in person, with an attorney. Depending on the charge itself, it may be possible to only receive probation. However, the more likely scenario is that an attorney will be able to negotiate a plea for you, so that you do not have to spend any time in jail. Depending on the circumstances, maybe even reduce the charges to a misdemeanor. Feel free to call my office to schedule a free consultation if you would like to discuss this in more detail.
    Answer Applies to: California
    Replied: 5/26/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Probation in felony cases will be granted only if the Judge finds that this is an unusual circumstance. It is up to your lawyer to competently convince the court/prosecutor that this is the case here.
    Answer Applies to: California
    Replied: 5/26/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    CAN you get probation? Sure. Will you? No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 5/26/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It depends on your prior record + other things, but it is certainly possible to get probation or maybe do better than that.
    Answer Applies to: Colorado
    Replied: 5/26/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    No jail time. Usually probation, fine and counseling.
    Answer Applies to: Nevada
    Replied: 5/26/2011
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