Q: I was charged with Theft of Merchandise Under $1000 by my ex-employer, amount of $253. What do I expect in court?
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A:
According to T.C.A. Section 39-14-105,
(a) Theft of property or services is:
(1) A Class A misdemeanor if the value of the property or services obtained is one thousand ($1,000) or less.
According to T.C.A. Section 40-35-111,
(e) The authorized terms of imprisonment and fines for misdemeanors are:
(1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute
When you go to court the first time, the Judge will explain your rights to you. One of your important rights is to be represented by an attorney. If you cannot afford one, you can be appointed one.
When either you (or your attorney, if you have one) is approached by the District Attorney, you will generally be made an offer. There are certain variables that govern that offer. One is your background and other offenses. If they are signifcant and under seven (7) years, then is more probable that the offer will approach the maximum. This is particularly true if you do not have an attorney. On the other hand, if this is your first offense, then it is possible for you to get pre-trial diversion. This means that if you stay out of trouble for one (1) year, then the charge could be expunged from your record. In any case, it would serve your best interests to consult with a local criminal defense attorney.
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