Do we have any Attorneys, or legal guru's amongst us?
01-04-2011, 01:36 PM
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Do we have any Attorneys, or legal guru'* amongst us?
If someone is facing a Larceny charge of $200 or less, what is he or she facing? What kind of punishment could they be facing? It isnt me.
01-04-2011, 01:49 PM
#2
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In Michigan:
Worth less than $200
Misdemeanor charges: up to 93 days in jail and fines of up to $500 or 3 times the value of the stolen property (whichever is more)
For $200.01 it would still be a Misdemeanor but the sentence goes up to one year.
If the defendant has a record expect closer to the max.
If the defendant is guilty and the DA has enough evidence to indite, expect the max term if the defendant does not accept a plea bargain, and "uses up court resources" to convict.
As always, using an attorney will mitigate sentencing the most. But most often will cost more total in the long run for this kind of charge.
IMO for this, asking to speak to the DA (or City Attorney if thats the case) yourself and asking for a quick easy settlement of the case would be the first choice. Michigan doesn't have a petit larceny distinction that it could be dropped to. Your stuck with the charge but the fines/court costs could be reduced/guaranteed and hopefully a jail sentence avoided. If he won't deal, then stomach the fine or get a lawyer. The lawyer wont solve much, his costs would be close to or over the max fine anyway. But if the DA won't budge on jail time, then a lawyer would become more useful.
Signed, "Not a Lawyer but been there/done that in my colorful Life" Venom
Worth less than $200
Misdemeanor charges: up to 93 days in jail and fines of up to $500 or 3 times the value of the stolen property (whichever is more)
For $200.01 it would still be a Misdemeanor but the sentence goes up to one year.
If the defendant has a record expect closer to the max.
If the defendant is guilty and the DA has enough evidence to indite, expect the max term if the defendant does not accept a plea bargain, and "uses up court resources" to convict.
As always, using an attorney will mitigate sentencing the most. But most often will cost more total in the long run for this kind of charge.
IMO for this, asking to speak to the DA (or City Attorney if thats the case) yourself and asking for a quick easy settlement of the case would be the first choice. Michigan doesn't have a petit larceny distinction that it could be dropped to. Your stuck with the charge but the fines/court costs could be reduced/guaranteed and hopefully a jail sentence avoided. If he won't deal, then stomach the fine or get a lawyer. The lawyer wont solve much, his costs would be close to or over the max fine anyway. But if the DA won't budge on jail time, then a lawyer would become more useful.
Signed, "Not a Lawyer but been there/done that in my colorful Life" Venom
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