Legal Question in Criminal Law in Idaho

Can I go to jail?

I have never been in trouble with the law before, and now because of a stupid decision I have a misdemenor against me. I have no idea how the legal system works and am very very frightened. I went into the place to pay my fine and had to make a court date. At that time they asked me to enter a plea of guilty or not guilty. I know that I did it, and so I pleaded guilty. I figured this would save a lot of time and effort to just get it over with so I can move on. I have not sought any legal advice because I am a student and cannot afford it. Last night I found out a friend of the family who is a minor, pleaded guilty for wreckless driving, and they judge asked her if she was sure she wanted to do that. He told her if she pleaded guilty she would have a manditory 5 days in juvinille hall. She did not have any legal counsel either, and changed her plea. I am wondering if there is something that applies to my situation as well that I don't know about. I have been charged with a misdeamnor for petit theft (which I am very ashamed of). Any help would be very appriciated.


Asked on 10/19/00, 1:29 pm

1 Answer from Attorneys
Todd Richardson Law Offices of James W. Grow, PLLC

Re: Can I go to jail?

Idaho has a real good program for people in just your

position ... it is called a "withheld judgment." It

does require a plea of guilty (or conviction) to use it,

and here is what happens ... you are sentenced, you

serve any time and pay the fine and court costs, and then

at the end of the probationary time (6 mo to 1 yr)

you can petition the court to have the conviction

removed from your record. It is a good program to

keep your criminal record clean ... you can continue

to honestly answer that you have never been convicted.

Also, depending on the prosecutor and court with which

you are working, you may or may not get some jail time, or

even be able to just get the charges dismissed.

There are many questions that would need to be addressed

to fully answer your question and give you legal advice.

If you would like to call me I'd be happy to see if I

can be of additional help for you. My number is

208-746-5508.

Good Luck!

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Answered on 11/15/00, 6:39 am


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