Detroit, MI asked in Criminal Law for Pennsylvania

Q: If I get a public defender for a F3 retail theft charge, what are the chances a magistrate Judge will give me probation

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1 Lawyer Answer
Cary B. Hall
Cary B. Hall
Answered
  • Criminal Law Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: No way I can answer this -- if I had a crystal ball, I'd be picking the winning Lotto numbers and not practicing law.

If by "magistrate judge" you mean a magisterial district judge (MDJ), the chances are zero: an MDJ only has jurisdiction to sentence on "summary" offenses, not misdemeanor or felony charges. Those more serious charges must get transferred to the Court of Common Pleas -- the main trial court in the county seat. THAT court has jurisdiction for trials, pleas and sentencing for misdemeanor or felony charges.

You'll first have to wait to see what kind of plea offer the District Attorney gives you, which will depend on lots of factors. Most important of these is your prior record and the specific circumstances of your present charges. If the offer is probation plus any restitution, then you're in luck. If not, you can try to plead "open" and have a sentencing hearing where you can ask the judge for probation.

If your charges come from the southeastern part of PA (where I practice), I'd be happy to talk further about your case. Check out my profile here and contact me offsite. Best of luck to you.

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