Shoplifting, Larceny, Robbery, Theft Retail Theft Twice in 23 years

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dumbdad

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I was caught, "Store name" $28.03 Towels and some car wax. I have wife, children a house, car all the stuff you are supposed to have at 44. I just don't have a job, hence the reason and pressure to do something I will always regret.

Since the age of nineteen I have had 3 charges. 1. Retail theft of a pair of sunglasses my friend lifted, "he took them, he ran, I was caught". I should have turned him in but instead I took the rap. 2. Was a drug charge POT (1991) 3. Was a disorderly in (1996) I really don't remember what happened with any of those charges, my father had a great position to make sure I was represented (atty) at each with the exception of the first retail theft. I do have representation for this issue that I wished I could have magically made go away, but that is not going to work this is reality. My concern is: Can I get "ARD", get this pushed back to a summary or is this much worse. Am I going to go to jail?

If it is the worst of the 3 my family will suffer, I am the bread winner, so when the economy comes around I will not be eligible to work within my field of techono. Will the District atty give me leniency or the magistrate? My atty is telling me I will not go to jail and I would be eligible for some program, is he correct?

I have done nothing since the disorderly.
 
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We cannot say what DA will or wont agree to. With two prior criminal convictions I would say ARD is unlikely. the time between may work on your side though. This would be a good discussion to have with your Attorney as he knows Da and Judge(s) best. Using your family (I'm the bread winner etc) may not be wise defense.
 
Is he correct about jail time? Trying to work something out is one thing; if I go to jail my unemployment will be canceled.
 
Expungment is normally "years" later. However with priors it could be unlikely this is a question for your Lawyer. With prior conviction yes jail is an option. The time to worry about your income was before you engaged in criminal activity not after
 
What state are you in? What is the code section for your current charge?

- Carl
 
dumbdad said:
Can this be expunged?

Like they said, that's years later and varies by state. However, given that these other convictions happened 13, 18 and 25 (I think) years ago they might be eligible to be expunged depending on what state you live in.
 
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