Legal Question in Criminal Law in Missouri

what are my rights

in a class c felony theft charge what are the possiable fines and imprissonment terms. do i have the right to a copy of the case against me. what are the chances of getting an sis,probation,restatution.


Asked on 2/11/04, 1:56 am

2 Answers from Attorneys

J. Matthew Guilfoil The Guilfoil Law Group, L.L.C.

Re: what are my rights

RSMo. 560.011 and 560.016 provide a fine up to $5000.00 for a TYPICAL C or D felony in Missouri. Additionally, the "theft" you generally mentioned could probably generate more of a fine that the normal C felony. For any CONVICTION where "defendant gained money or property through the commission of the crime," the court may fix a fine "not exceeding double the amount of the offender's gain," to a maximum amount of $20,000. RSMo. 560.011.

For terms of imprisonment, RSMo. 557.016 provides for a term of imprisonment not to exceed 7 years for a conviction under a C felony.

Probation will depend largely on whether you have a prior record, and what that prior record entails. If you are a prior or persistent offender, you are likely not eligible for probation. THe county you are charged in also largely determines whether probation will be available regardless of your prior record.

If probation is available in the jurisdiction you are in, restitution will assuredly be a condition of the probation.

Contact our office at 816-842-3717 should you wish to discuss the matter further. JMG

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Answered on 2/12/04, 3:49 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: what are my rights

If you are charged with a Class C felony, there is no doubt whatsoever that you need competent legal representation. This is defintely not something that you would want to go through without a good attorney. If you are unable to afford a private attorney then ask the court to allow you to apply for a public defender, and you will probable get one.If you are already represented, then you need to address your questions to your attorney. If not, hire an attorney or get the public defender and discuss these matters with him or her as soon as possible. I have handled hundreds of criminal matters over the twenty-five years I have been practicing law, and many Class C Felonies. If you are in the Eastern half of the state and if you are not already represented by legal counsel and would like a free telephone consultation, you may call me at 314-727-2822.

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Answered on 2/11/04, 7:12 pm


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