Legal Question in Criminal Law in Washington
Theft in the third degree
I had a felony theft charge 9 years ago and nothing since. Yesterday I recieved a ''ticket'' RCW 9A.56.050 Theft in the third with a mandatory court apperance. I understand that I could be sentenced to 365 days in jail and up to a 5,000 fine. How likely would it be that I would accually have to do jail time?
3 Answers from Attorneys
Re: Theft in the third degree
Jail is not a foregone conclusion. Even if you were sentenced to jail, theft is a property crime and you would likely petition the court for sentencing alternatives. Criminal history can have some influence on the Prosecutor's recommendation at sentencing. Whether the Prosecutor makes a recommendation for jail can also depend on a number of other factors (including the value of the item and how you engaged with the police). You need to meet with your lawyer and discuss some of your options.
http://www.pelleylawgroup.com/washingtonstatetheft.htm
Re: Theft in the third degree
You should retain an attorney or apply for a public defender. There are often alternatives to pleading guilty or going to trial - e.g., compromise of misdemeanor, stipulated order of continuance, diversion, etc.
Additionally, you may have defenses or suppression issues that need to be raised.
With respect to your felony conviction, you should have had your civil rights, except gun rights, restored upon successful completion of all conditions of the judgment and sentence. If you have not petitioned for restoration of gun rights, a conviction for the misdemeanor theft charge will trigger a new 5 year waiting period.
Re: Theft in the third degree
Extremely unlikely, especially if you hire my firm.
At your service,
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