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Misdemeanor 1st degree, Section 545.05 (A) (1)

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theashish

Junior Member
What is the name of your state? Ohio

Charges under the Section 545.05 (A) (1) of the Codified Ordinances of the City of Wickliffe of State of Ohio.

I am posting for my father. He was recently charged with misdemeanor of the 1st degree for theft worth $221.17 at Big Lots store. Police took him and filed a case against him. He has hearing on the 3rd of May. He is 59 years old with no prior history of any offense except couple trafic violations. This is his first offense. He got carried away trying to save some money and he regrets this mistake/crime deeply. He could only afford an attorney if it will cost him less than $2500. we were told by the police officer who booked him (btw he was very nice in offering explanations and answering questions) that he can only get an attorney free if he plead not guilty which is not the case because he has admitted his wrong doing in his statement he gave to the cops. We were also told that max fine is $1000 and/or jail upto 6months which is unlikely since this is his first offense.

I will be with him as his interpreter; although he can speak English, but not very fluently and is not familiar with most legal terminology. Will we be okay going w/o an attorney? Can we request the judge to look at his clean record upto these and not give him jail time?

One more question: if we call Big Lots and ask to settle this case outside by compensating them for the trouble they faced, can that work to suspend the charges against my father?

Thank you very much for taking your time to read this and offer any assistance. I deeply appreciate the serivces and help you folks provide here and pray to God to bless you all. Thanks again.What is the name of your state?
 


garrula lingua

Senior Member
Interpreters at court are certified court interpreters with an oath on file.
You will probably not be able to speak for your father.

He may qualify for the Public Defender who can arrange for an interpreter.
Even if Dad intends to plead guilty, he may be offered a better bargain through the PD.

The Prosecutor is usually the one who can offer a deal - not the Judge.
The Judge can say yea or nay to a proposed plea bargain, but that comes from the Prosecutor.
 

racer72

Senior Member
Your father is looking at a few other issues to. First, don't bother contacting Big Lots. Your father has likely been barred from entering their stores again and they really are not going to help someone that tried to steal from them. If fact, Big Lots will likely be contacting your father through an attorney's office. The state of Ohio has a civil recovery statute that allows retailers to charge those caught stealing up to $500 as compesation and to cover costs related to loss prevention. This monetary penalty will be in addition to any other fines ordered by a court.

A public defender will provide minimal legal advice and they are not free. It might no be a bad idea to talk to a local attorney about the case. Call your local bar association for a referral and you can request one that speaks your father's language and will likely be from the same homeland. This kind of attorney will be familiar with the court system and the challenges faced by those from other countries.
 

theashish

Junior Member
Thank you both of you for your advise.
I was told by the police officer who at the station that it would be best if I am the interpreter for him since I speak both languages fluently. He did not say anything about me being certified or otherwise.
 

theashish

Junior Member
Interpreters at court are certified court interpreters with an oath on file.
You will probably not be able to speak for your father.

He may qualify for the Public Defender who can arrange for an interpreter.
Even if Dad intends to plead guilty, he may be offered a better bargain through the PD.

The Prosecutor is usually the one who can offer a deal - not the Judge.
The Judge can say yea or nay to a proposed plea bargain, but that comes from the Prosecutor.
So garrula lingua, can I contact the City of Wickliffe Police Department who are the prosecutors and ask them if there is a way this can be settled outside of the court? Is it possible to settle it outside w/o going to the court? I may be asking the same question again, but I am trying to explore options; if so, please pardon my ignorance.

How do I go about getting a Public Defender? Thank you all for your assistance and time. I really appreciate it.
 

seven53

Member
Talk to the Wickliffe Prosecutor about a plea bargain.

This cannot be settled out of court, it's criminal, not civil.
 

CourtClerk

Senior Member
As stated previously, interpreters must be court certified. The officer gave you some bad information on that. You, as the daughter would not be able to stand before the judge and interpret for your father. Don't worry, if there is a language barrier and if requested, the court will provide an interpreter for your father in whatever language he is comfortable communicating in.

There may be a Public Defender's office inside of your courthouse. If not, look in the government pages of your local phone book for the county in which you reside. As far as it being settled out of court, there would have to be a plea arrangement between your father's counsel and the counsel for the state (district attorney) for there to be a "settlement." It doesn't work like civil court where you say, i'll pay you $50.00 to make this go away. What you are probably looking for is a plea bargain, and again, you'll do better with getting an attorney (public or private) than doing it yourself.
 

garrula lingua

Senior Member
Ditto on what CClerk & Racer said.

The May 3rd date should be the 'arraignment and plea'.
At that time, your Dad can fill out a financial form to see if he qualifies for a PD.

You always have the option of hiring your own attorney.

The court will, if they are aware and if they have available, provide an interpreter ... your Dad may have to waive (release) his right to a speedy trial in order to continue the case for Dad to hire an atty or the court to provide an interpreter.

In most jurisdictions, the court will put your Dad on probation for a term from 6 to 36 months, and charge a fine of approx. $300, and possibly be ordered to complete some community service. The court (and the store) usually require that Dad stays away from the store/mall where the theft occurred.
It would be very unusual for Dad to get any jail time above the initial booking time.

As Racer said, the store can charge a 'civil recovery fine' - this is separate from the possible court fines.
All monies are payable. If court fines are not paid, that would be a violation of probation which would likely end in jail time. If the civil fine is not paid, Dad can be successfully sued.

The amount of the theft has very little to do with the punishment (except if the amt crosses the line between a misdemeanor and a felony).
 

theashish

Junior Member
Garrula Lingua, racer72, seven53, and CourtClerk and everyone else, thank you very much for providing me these details and sharing your knowledge and advice. I really appreciate it.

These suggestions will help me calculate what to expect and figure out what I should do. Thank you all again. I really appreciate it. If there is anything else you would like to mention, please post it here, I will be checking this thread few times a day and will let you know how the process goes if you're interested. Thanks again!:)
 

garrula lingua

Senior Member
I don't know if Dad is a naturalized citizen.

It would be worth it, to check with the PD regarding the effect on Dad's immigration status if he pleads guilty ... this is a crime of moral turpitude.

Check with an attorney before Dad pleads guilty.
 

theashish

Junior Member
Good point garrula lingua! he is not naturalized yet, he was thinking about it. I will contact the PD tomorrow and see what he/she has to say about it.

I remember reading in the requirements for naturalization that if you have a felony, you can't qualify, but I didn't see anything about misdemeanor. But I agree that moral part it big one. Dad had been under lot of stress and had some argument with mom (which is no excuse) and he had been do ding double jobs with little rest. He is a person who sacrificed his nice paying job in India and immigrated here for his son (me) and daughters' brighter future and better quality of life for them. He had a good post and few people reporting to him in India and here he does labor job but does not complain about it and only says as long as we (me and my sisters) find better future, he will be happy. I would be devastated to see him break and loose. This probably you didn't need to know, but we are just so touched and awed by our parents' sacrifice for our future that I couldn't stop writing it here. Thanks fore your time and advice. God bless you all.
 

garrula lingua

Senior Member
Good luck to you.
My parents were immigrants also & I am forever thankful for their strength and bravery in emigrating.
This is a wonderful country of freedom and opportunity !
 

theashish

Junior Member
Yeah, we are too thankful to our parents for their bravery and sacrifice, you know how much respect I hold for them. Thanks for the wishes.
 

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