Hi,
I am so stressed and need some information. If anyone has any answers please help.
I am charged with retail fraud in the second degree. I am not guilty and I know the charge is coming because of a past record from over 14 years ago. The charge should be retail fraud in the 3rd degree based on the amount they are claiming, but because of my old charge they bumped it to the second degree. I know I would have never been charged, but the officer only did this because I have a past.
My lawyer says my case is trialable and I decided to take it to trial. I know if I am found guilty I could face a year. But if I plea bargain (Third Degree)I could face 93 days. I then have to admit guilt in the 3rd degree and I am not guilty.
I am very nervous about all this. I am trusting my lawyer, but I need to know, if I am found guilty who determines the sentencing and how do they based this on? The amount I am being accused of is less than $100.00. Will they use my past to base the sentence? If the Jury decides the sentence how do they know what to base it on? When going through a jury and if found guilty do they just give you the max? Is there a guide line they go by on what the average sentence is from what others have received? Is there a website or anywhere I can see what others have been sentence to so I can compare it to my case and get some ideas?
What do you honestly think may happen? I am afraid that that if my past is brought up in front of the jurors, this may stir them to a guilty verdict. Can my past be brought up since it was so long ago? I am a changed person and I am not guilty. This is all a BIG MISTAKE! I have a falily, great job, A1 Credit, and would not fall back into my old ways and lose all to spend time in jail.
Thank you
Stressed to the MAX!

