Legal Question in Criminal Law in Maine

Re: theft

Theft of $20,000 is a second degree felony that is punishable by a maximum of 15 years in prison. The "amount" is very important because theft of $19,999.99 is a third degree felony punishable by only 5 years in prison. There is no such thing as "usual" punishment. It all depends on the context in which the theft occurred. Was it money from her employer? Was it from someone she had a fiduciary duty towards? The possibilities of her punishment if she just went into court and admitted guilt range from 0 to 15 years in prison and/or 0 to 15 years on probation (or any combination not to exceed 15 years total). Her maximum fine is $10,000. It will be in her best interest, if she actually committed this offense, to have paid back as much of the restitution as possible before sentencing.

An important point to consider is that in Florida a person can be found guilty of a felony yet not be "convicted" of it. What this means is that the person found guilty will not lose any civil rights. It is called "withholding" adjudication of guilt. With no prior record she should ensure that adjudication is withheld.

If she did not commit this offense then she should not consider admitting guilt unless it is a best interest plea that her attorney has thoroughly gone over with her.

The fact that she has no prior record is a very good fact indeed.

Eric J. Dirga