Re: Tampering Charge in Missouri
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Quoting
AllisonDanby
In law school, we were taught on a factual basis almost that, if the offender is a 1st time offender and the offense is a minor misdemeanor, which is in your case, then you should be able to have a program will you will keep away from jail.
I don't know what state you live in to reference a MINOR misdemeanor? Ohio has them. I live here.
This crime is NOT classified as a "minor misdemeanor". I did not go back and check the muni code, but if it is comparable to state law, it is a Class A misdemeanor.
In Ohio a MINOR misdemeanor is NOT punishable by jail time, it is a money fine only crime.
Re: Tampering Charge in Missouri
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Quoting
BOR
I don't know what state you live in to reference a MINOR misdemeanor? Ohio has them. I live here.
This crime is NOT classified as a "minor misdemeanor". I did not go back and check the muni code, but if it is comparable to state law, it is a Class A misdemeanor.
In Ohio a MINOR misdemeanor is NOT punishable by jail time, it is a money fine only crime.
The fact is it was a pre-torn open DVD case that costs no more than $12, probably less. No prior charges ever in my life. I came across a DVD that was torn open, thought I could take it, didn't actually try and leave the store because the manager approached me first. So they charged me with opening the DVD case.
Do you think a 21 year old with a more than positive background, no priors, caught with an opened DVD case is going to get a $4000 fine and a year in jail plus a criminal record?
The charge is a class A misd., but as I have a lawyer working for me right now, do you really think it will come out like that?
Re: Tampering Charge in Missouri
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Quoting
sjd5051
Do you think a 21 year old with a more than positive background, no priors, caught with an opened DVD case is going to get a $4000 fine and a year in jail plus a criminal record?
The charge is a class A misd., but as I have a lawyer working for me right now, do you really think it will come out like that?
You would not get the MAX anyway. If you have a lawyer on it for you, this holds especially true!
The SC has ruled a sentence must be proportional to the crime. A 1st time offender for a petty theft can in no way, IMO, serve any great length of time, if any at all. Your attorney can make sure you get the lightest charge he can bargain for you.
Re: Tampering Charge in Missouri
Quote:
Quoting
BOR
You would not get the MAX anyway. If you have a lawyer on it for you, this holds especially true!
The SC has ruled a sentence must be proportional to the crime. A 1st time offender for a petty theft can in no way, IMO, serve any great length of time, if any at all. Your attorney can make sure you get the lightest charge he can bargain for you.
Is this considered "petty theft" though?
I was charged with opening a package inside a store. That package is worth $12 max. I wasn't charged with theft, shoplifting, etc.
Re: Tampering Charge in Missouri
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Quoting
sjd5051
Is this considered "petty theft" though?
I was charged with opening a package inside a store. That package is worth $12 max. I wasn't charged with theft, shoplifting, etc.
Sorry, I did not mean petty theft, I meant petty crime, my error.
Re: Tampering Charge in Missouri
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Quoting
BOR
Sorry, I did not mean petty theft, I meant petty crime, my error.
From this petty crime, the fact that I am charged with opening the package not stealing it, I claim that the package was already opened and torn up , most of the wrapping gone (the reason I thought about taking it), my lawyer knows the prosecuters fairly well...
I am already going to have to pay well over $1000 from court fees and lawyer fees alone. What else can I expect to come about from the "deal" they may make?
Re: Tampering Charge in Missouri
Quote:
Quoting
sjd5051
From this petty crime, the fact that I am charged with opening the package not stealing it, I claim that the package was already opened and torn up , most of the wrapping gone (the reason I thought about taking it), my lawyer knows the prosecuters fairly well...
I am already going to have to pay well over $1000 from court fees and lawyer fees alone. What else can I expect to come about from the "deal" they may make?
f you claim the package was already opened, they should have it on video, meaning they will not see you open it, as it was already opened.