Shoplifting and plea bargain offer

I was charged with retail theft ($56) and I had my first hearing yesterday. Seeing my previous record (which is clear) prosecutor and my lawer came up with an offer of $209 fine and 6 months supervision,, and the charges being Theft under $300 (not sure Retail or Petty).
Please help me with the following questions:

- Is the charge considered petty theft or retail theft?

- we pleaded not guilty as i was confused whether to take it or not, as i heard if I am convicted of any misdeameanor charge I may be ineligible for immigration. I wanted it to be dropped to disorderly conduct which has lesser punishment and possibly more fine. Our next hearing is in a month from now, I was wondering if I am found guilty either by LP/evidence (which I am) do they increase the punishment from current fine and supervision to jail or more?

- Is there a chance of happening something like increase in punishment? if so, what is the way to reduce it again?

I really appreciate your time in responding, thanks a lot.

What statute did they cite on the charge? That will be the statute you are charged with violating.

If you are concerned about the immigration consequences of conviction, be sure to consult with an immigration lawyer about your situation before entering a guilty plea.

Thank you for responding, it would help a lot to get an answer from you.

The initial charge was retail theft for <$150 (720 - 5/16A-3(c) - this is from the bail bond report), then on my first date in court seeing the prior record it was lowered to petty theft <$300 (sorry, I dont know the statute, my lawyer said it is a petty theft).

My question is, if during the trail which is next month. If I am found guilty - will they punish me with the original offense? or the lowered one? Do I get convicted?

If the original offense is considered, can I fall back and take the petty theft punishment which is 6 months of supervision. Any procedure to do that? Does it really get dismissed after the supervision (I mean no record and all)


What are the chances of lowering it to Disorderly Conduct(720 ILCS 5/26-1) which has no implication on immigration.


Thanks a lot agian for your time to answer these questions.

If you go to trial, you will be rejecting the plea offer and won't get any benefit from that offer.

Thanks Knowitall. So if the initial plea of Not Guilty gets rejected, what could happen if I was found guilty? Do they charge me with Retail theft or petty theft?

With reference to the case above .

- Do I still have the chance to take the petty theft charges wthout going on trail in Dec and go on supervision before the trial date? if so, what would be the procedure?

- If I am found guilty during trail, what would I be charged with Retail or Petty theft?

- Pertaining to immigration, what are the chances that the charges would be dropped further to disorderly conduct?

- My attorney could not continue to support or represent me because of his health problems. Can I appoint another one to represent me at this stage?

I would really appreciate if you could answer all the questions. Thanks a lot.

Quote:

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Quoting messedmylife

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My attorney could not continue to support or represent me because of his health problems. Can I appoint another one to represent me at this stage?

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You should consult a new criminal defense lawyer and, given how case-specific your questions are, pose your questions to your new lawyer.

Thanks Aaron,
can you please respond to these questions too -

- Do I still have the chance to take the petty theft charges wthout going on trail in Dec and go on supervision before the trial date? if so, what would be the procedure?

- If I am found guilty during trail, what would I be charged with Retail or Petty theft?

- Pertaining to immigration, what are the chances that the charges would be dropped further to disorderly conduct?

Aaron can you please respond. Thanks.

You should consult a new criminal defense lawyer and, given how case-specific your questions are, pose your questions to your new lawyer.