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Possible Jail Time for Second Offense

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  • 01-04-2012, 02:19 PM
    over50
    Possible Jail Time for Second Offense
    My question involves criminal law for the state of: NH
    I was caught shoplifting an item of value of 40.00 was taken to police station and finger printed, pictures and had a bail of 660.00. couple of questions . are the police supposed to read me my rights , which they did not. secondly, am i facing any jail time. I am a 53 yr old woman and scared to death and not about to do this again for no one.
  • 01-04-2012, 02:39 PM
    aardvarc
    Re: Possible Jail Time for Second Offense
    Quote:

    Quoting over50
    View Post
    are the police supposed to read me my rights , which they did not.

    Not unless they wanted to interrogate you AND use those statements against you in court. For the majority of arrests, Miranda isn't required, because police generally are able to establish probable cause for arrest without incriminating statements from the defendant (such as the sworn statements of security personnel, physical evidence in the form of the stolen item, etc.).

    Quote:

    secondly, am i facing any jail time.
    It's possible. Courts don't like seeing people back for a second offense. It tells the court that the consequences for the first offense weren't enough to make the proper impression. Whether or not your particular case would warrant incarceration, only a criminal defense attorney who is familiar with the specific judges in your jurisdiction (and their sentencing habits) could hazzard a credible guess
  • 01-05-2012, 02:32 AM
    over50
    Re: Possible Jail Time for Second Offense
    wanted to add a note to my first post. first time was back in 2007. not that time makes a difference. just thought i would include the info
  • 01-05-2012, 05:58 AM
    Disagreeable
    Re: Possible Jail Time for Second Offense
    Quote:

    Quoting over50
    View Post
    wanted to add a note to my first post. first time was back in 2007. not that time makes a difference. just thought i would include the info

    I suppose you said never again that time also. Likely, you will skate jail this time also, due to your age. Get caught again and they will likely throw the book at you as a habitual offender.
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