Q: * Possible penalties? 76-6-602 retail theft (3 counts) 58-37-8 (2)(A)(l) 58-37-8 (2)(H)(lll) 58-37A-5 (1
My son was arrested and has been charged with the above charges. He will have a Public Defender. Can you please give me an idea of minimum & maximum penalties he will be facing? Thank you ...
76-6-602 retail theft (3 counts)
58-37-8 (2)(A)(l)
58-37-8 (2)(H)(lll)
58-37A-5 (1)
A: You didn't specify what degree his charges are. Assuming the thefts are class B misdemeanors then the maximum penalty is 180 days in jail and a $1,000 fine (per charge). The other code section you cited was the possession of a controlled substance code. His charges will depend on the drugs that he was charged with. If it was just marijuana then it is likely another class B misdemeanor. However, if it is another drug then it would likely be charged as a class A misdemeanor. The maximum penalty for an A is 364 days in jail and a $2,500 fine. The judge will decide what to impose but if he doesn't have much of a criminal history he will likely just get a fine and some drug classes. He could also lose his drivers license for a conviction of the controlled substance if a vehicle was involved.
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