Springville, UT asked in Criminal Law for Utah

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)

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1 Lawyer Answer
William Melton
William Melton
  • Criminal Law Lawyer
  • Taylorsville, UT
  • Licensed in Utah

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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