Afraid Of Jail For Misdemeanor Larceny

In October 2006, I was wrongfully convicted of shoplifting.Nevertheless,it's still on my record! Recently,I was charged with misdemeanor larceny for taking a shirt that costed $7.99 from a local family dollar store here in North Carolina.I was served a crimal summons for this,and have already been to court for my first appearance.The judge denied me a court appointed lawyer beicause of the past shoplifting charge, and I can't afford one. I'm on disability, and I have 3 kids.Now, I have to represent myself.What is going to happen to me? am I going to go to jail? If so, for how long? I really don't need or want to go to jail because of my kids.When I was convicted of shoplifting, I had to pay a fine,was banned from that store for 12 months, got 12 months unsupervised probation, and had to do 24 hours of community service work. If anyone on here has any answers,please respond. I'm really scared of going to jail.:confused:

§ 14-72.1.

(e) Punishment. - For a first conviction under subsection (a) or (d), or for a subsequent conviction for which the punishment is not specified by this subsection, the defendant shall be guilty of a Class 3 misdemeanor. The term of imprisonment may be suspended only on condition that the defendant perform community service for a term of at least 24 hours. For a second offense committed within three years after the date the defendant was convicted of an offense under this section, the defendant shall be guilty of a Class 2 misdemeanor. The term of imprisonment may be suspended only on condition that the defendant be imprisoned for a term of at least 72 hours as a condition of special probation, perform community service for a term of at least 72 hours, or both. For a third or subsequent offense committed within five years after the date the defendant was convicted of two other offenses under this section, the defendant shall be guilty of a Class 1 misdemeanor. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 11 days. However, if the sentencing judge finds that the defendant is unable, by reason of mental or physical infirmity, to perform the service required under this section, and the reasons for such findings are set forth in the judgment, the judge may pronounce such other sentence as the judge finds appropriate.

Thank you HappyTrails for the info.But I still don't understand if this will be my first or second offense,because of the shoplifting charge. Do you know if larceny and shoplifting are even in the same catagory?

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Quoting Nevaeh75

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Thank you HappyTrails for the info.But I still don't understand if this will be my first or second offense,because of the shoplifting charge. Do you know if larceny and shoplifting are even in the same catagory?

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Same thing.

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Quoting seniorjudge

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Same thing.

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Thank you.Now I know I'm facing 72 hours in jail....I guess I'd better get prepared! LOL! damn/......http://www.expertlaw.com/forums/imag...milies/eek.gif

Okay, here's the news that I found out today(VERY IMPORTANT!) I was put on unsupervised probation on February 21,2007 for the past shoplifting charge here on the forum I posted. It didn't end until February 21,2008! The 2nd charge of misdemeanor larceny was committed on January 25th, 2008.So, that means I violated my unsupervised probation. Does any one on here know what's going to happen to me now, or what may happen since the unsupervised probation was violated with basically the same offense?Please help and respond.Your help will really mean alot to me! Thank you in advance!

Your in even deeper trouble is what happening. You violated probation which could lead to jail along with second offense which you were already told could carry jail time. What you need now is an Attorney and quick!!

I can't afford an attorney right now. I have 3 kids, and on disability for a number of mental disorders, and 1 physical disorder.Someone told me if I told the judge that I was on disability for mentall illnesses that could contribute to the crime, that they were more than likely to go easier on me.What do you think? Anybody? Please help, I need advice quick! My court date is on the 13th of this month! Thank you in advance for helping me in this situation!:confused:

If the mental illness is under controll that wont wash even then its a long shot. If you cannot afford an Attorney request a Public Defender

I requested a public defender and they only denied me.Also, I have 5 mental disorders that are controlled, and one that I was recently diagnosed with called OCD.My Psychiatrist said that this disorder could cause me to do all sorts of things that I'm unaware of. He also gave me a paper, signed and dated it, with all my mental disorders on it, along with the ocd diagnosis.He also said that having this paper would help me in court,and that I needed to also bring a copy of the papers that say that I'm on diability.So, what should I do now? Do as my psychiatrist says, or, just go plead guilty, not say anything about the diabilities,and take the punishment they give me then? Which way would probably be better?