Shoplifting, Larceny, Robbery, Theft Class 1 misdemeanor

[AlvinC]

Why does everyone so you can go to jail for a class 1 misdemeanor when the structured sentencing chart says the most you can possibly get is 45 days of community service? My child put a toy in my wife's purse without her knowing about it and I want to know what all could happen.

 

[army judge]

Why does everyone so you can go to jail for a class 1 misdemeanor when the structured sentencing chart says the most you can possibly get is 45 days of community service? My child put a toy in my wife's purse without her knowing about it and I want to know what all could happen.

Your wife is innocent UNTIL proven guilty.
She should make no statements or try to explain what happened.
Asserting the SODDI (some other dude did it) defense rarely works, even it your child.

She could get acquitted, the charges could get dropped, or she could get convicted.
Its highly unlikely she'll get jail time, but that depends on many things.
She should plead not guilty, hire a lawyer, or ask the judge if she qualifies for a public defender, then shut up.
She should meet with the lawyer and discuss her options.

 

[AlvinC]

we are planning on having a attorney. I just don't get how she can get jail time when the most that I can see that she can get as a punishment is 45 days CS. w w w.nccourts.org/Courts/CRS/Councils/spac/Documents/Misd_Chart_120113.pdf

 

[Betty3]

As Army Judge noted, it is highly unlikely she will get jail time. We can't make a definite statement that she will not because we don't have complete details of the case. She should talk to her lawyer.

 

[army judge]

we are planning on having a attorney. I just don't get how she can get jail time when the most that I can see that she can get as a punishment is 45 days CS. w w w.nccourts.org/Courts/CRS/Councils/spac/Documents/Misd_Chart_120113.pdf

As I said, jail is doubtful.

Doubtful unless there are extenuating circumstances, such as 200 prior arrests for shoplifting, 50 felony convictions, 10 arrests from that same store, currently on bond for armed robbery: life always has exceptions!

But, no one listens to me.

I'm just another nobody on the Internet.
No court in NC is required to take note of what I write.
You shouldn't either, except to hire an attorney. Good luck.
That said, from this point forward, neither of you should speak publicly of this.
Hire that lawyer, speak only to the lawyer, and wait.
You can't and don't want to rush justice.

 

[shrinkmaster]

If your wife has no priors the likihood of jail is almost zero. The defense is questionable at best talk to an Attorney. Be sure to ask about plea options like ACD or Diversions as well