Q: What is the punishment for 3rd offense shoplifting? Also what would be the best case scenario for the defendant?
My mother is 62. She's has quite a bit of medical problems. She also takes care of my 86yrs grandmother, who has dementia. She also has custody of my sisters children. She got a third offense shoplifting charge. Her public defender wants her to take a plea of 18 months. Is that the best deal or should she go to trial for a better sentence?
A: A shoplifting 3rd offense is a 0-10 year felony. The State must prove the prior convictions are proper enhancement convictions. For example whether or not she had an attorney could mean the prior conviction can not be used to enhance this current charge. Even if the necessary prerequisites convictions are in place, it seems like your mother has a fair amount of mitigating circumstances that could yield some leniency from the Court. That's assuming pleading guilty is in her best interests. I would advise you to seek the advice of an attorney experienced in criminal defense who can look at the allegations and facts to make a detailed evaluation.
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