Q: My mom is incarcerated and I just want a professional's opinion on the matter and what one would think would happen.
She is incarcerated for theft by taking a motor vehicle, she was out on bond for the same offense but in a different county. Also she has a failure to appear. I just want to get an estimate of how much time she could be facing.
A:
Unfortunately, it may be a lengthy amount of time. I know folks hate when lawyers say it depends, but it depends. The FTA will take care of itself and she will just have to answer to the hold. The issue now is she will have to take care of this case that she is in jail now before she is transferred to take care of the charge in the other county. Its not all terrible because all her jail time will count towards her offense. Her attorney will ask that her sentences run concurrently so that should help with the amount of jail time.
“A person commits the offense of theft by taking when he unlawfully takes or being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.” OCGA § 16-8-2.
A defendant can be sentenced for a felony after being convicted of theft by taking of an automobile since theft by taking statute authorizes a sentence of up to 20 years when property which was subject of theft was a motor vehicle. McIlhenny v. State, 1984, 172 Ga.App. 419, 323 S.E.2d 280.
Thus, your mom could be facing up top 20 years to serve. Based on what you explained she hasn't pled to anything yet. So she will need an attorney as soon as possible to make some calculated movements in this case.
I hope this helps
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