How long will someone be in jail if they are convicted of stealing with a prior criminal record? 29 Answers as of December 12, 2011

There is no fixed time. It will depend on the sentence imposed.

Too many variables to answer. However, they are looking at possible imprisonment, not jail. They need to work on raising restitution and they need a lawyer.

In Washington, standard ranges for jail or prison are determined by the seriousness level of the crime and the defendant's offender score, based on criminal history. So your question cannot be answered without this information - stealing could be theft, robbery or burglary, in the 1st, 2nd, or 3rd degrees, but if the amount is in excess of $7,500 it is likely a 1st degree case.

They could go away for up to5 years depending on what they are charged with and any past record that they have.

They will need an attorney. That is a large amount of money and they will be looking at custody time.

In a felony case, a persons sentence is determined by the Michgian Sentencing Guidelines. Many factors are considered and there is not enough information given to properly score the person.

Time sounds pretty certain for that sum of money. But penalties depend on a lot of factors, including age, criminal history, severity of the charges, amount of pecuniary loss involved, character and remorsefulness of the defendant, how egregious the facts are, was anyone injured, has the defendant cooperated on other prosecutions, etc. I can't offer an opinion without knowing all of the details.

The question assumes that someone will be in jail if they are convicted of stealing with a prior record. That assumption is not necessarily correct. In Massachusetts there are many factors that a judge must consider in fashioning a punishment in this type of situation. Many people who are convicted of larceny who have a prior record end up getting a sentence of straight probation or probation coupled with a suspended sentence. If the judge felt that a sentence of incarceration was warranted the Judge could sentence the person to a term of home confinement on a monitoring bracelet. There is no mandatory sentence in a larceny case, even with a prior conviction.

The question has so many variables. If you are convicted after a jury trial, you will likely receive more time. If you accept a deal, you may be able to negotiate a different charge or a different sentence and lessen the time you will spend in jail. There are also things that might help you escape the charges. These are usually flaws in the prosecutor's evidence. A seasoned attorney will be able to help you explore your options.

If they have a prior criminal record and stole a large amount like $100,000 from an employer they should retain a good criminal lawyer. He may be able to win the case if the evidence is insufficient. If the evidence is overwhelming they will have to plead to a felony Grand Larceny. They are facing up to 7 years in prison, but if they pay restitution they may get a year or less. They may even get probation if they are very old or in this case in a wheelchair. It depends on who they stole the money from, what their prior record is, and what court they are in. This is the only time being in a wheelchair is an advantage.

If a person is convicted of grand theft and they have a prior they should get the high term of three years. The range is sixteen months, two years or three years. The wheel chair will not make a difference.

I don't know what the wheel chair has to do with anything other than there is certainly a sympathy factor there. I would think that a lot would depend on how long ago that person was arrested, are they currently on probation, and what other criminal history they have. A lot depends on the Court, the Judge, the Prosecutor, and the County. All I could say is there is a Maximum of 10 years for felony Larceny, but probation is not out of the question. Wyoming Statute 6-3-402: Larceny; livestock rustling; theft of fuel; penalties. (a) A person who steals, takes and carries, leads or drives away property of another with intent to deprive the owner or lawful possessor is guilty of larceny. (b) A bailee, a public servant as defined by W.S. 6-5-101(a)(vi) or any person entrusted with the control, care or custody of any money or other property who, with intent to steal or to deprive the owner of the property, converts the property to his own or another's use is guilty of larceny. (c) Except as provided by subsections (e) and (f) of this section, larceny is: (i)A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the value of the property is one thousand dollars ($1,000.00) or more.

It depends on the victim, age of def., location, judge and prosecutor generally so many facts that without the entire story there is no way to say. I can say the person needs a good criminal defense lawyer.

A prior tends to increase the sentence. Could be even longer if defendant was still on probation. But you do not say what the status of old case is. Need more facts.

Depends on the county, judge, DA, your lawyer, the priors and the evidence. Best to hire a good lawyer.

The answer to your question would require a much more thorough review of the case. there are a number of criminal theft charges ranging from misdemeanors to serious felonies. As a result, it is important to know what precise offense is being charge d and the nature of the past record before assessing risk.

In Washington we use what is called "Determinate Sentencing." The idea behind this sentencing scheme is to help eliminate bias and prejudice from the court's sentencing decision. The way it works is the court considers prior felony convictions that count for determining the defendant's "offender score." The offender score is a combination of the defendant's prior eligible felonies and the point value for the current offense. In this case the defendant is probably looking at Theft 2nd. Many prior felony convictions "wash out" if the defendant has been law-abiding for an extended period or if the convictions are so old. The best resource for predicting a specific defendant's sentencing range is to go to the Washington State Sentencing Guidelines Commission's web site. They have individual crime sheets and instructions on calculating the defendant's offender score. You can print out the forms and calculate the score and the sheets have different ranges of months in custody for every offender score.

I can't say without knowing about the person's prior criminal history. Jail time could be substantial. Consult with an attorney who can review all the facts.

Impossible to say without knowing all the details. I have no idea what specific crime the person committed, what their record looks like, whether or not probation is an option, etc.