How do I know if I will do jail time for burglary of a residence? 1 Answers as of July 22, 2011My sister-in-law was just arrested for Burglary-Residence. 3 years ago she was charged with theft of a family members property under $1000. Not sure if it was a diversion or not, she didn't do any time for it. She is currently working with SRS for child abuse and possession that happened last month. Now she is in jail for burglary of residence. Can she get a diversion? And also is this a misdemeanor or felony? If a felony will she definitely do time? Does she really need a lawyer on this one?
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If she had a diversion in the past, I would doubt her getting another diversion. Usually diversions are offered to persons who have no prior record. A residential burglary would be a felony in most states. In Kansas the sentence could be probation if the person's prior record is not too bad. Her specific charge combined with her prior conviction record will determine the presumptive outcome. She should consult with an attorney to know for sure.
Answer Applies to: Kansas