Petit theft of private property that was done at a BX on base

[J8484]

What is the name of your state (only U.S. law)?

 

[J8484]

If this is a first offense what kind of sentencing am I expected to get? What are the odds of me fighting it? And could my sponsor (spouse) be affected by this in his career (active duty)

 

[CdwJava]

If this is a first offense what kind of sentencing am I expected to get? What are the odds of me fighting it? And could my sponsor (spouse) be affected by this in his career (active duty)

What specific statute have you been charged with? I suspect it is a violation of state law where the base is located, correct?

And, yes, your spouse's career CAN be negatively effected by your actions.

 

[J8484]

It's a federal charge. And it just says petit theft of private property.

 

[CdwJava]

It's a federal charge. And it just says petit theft of private property.

Do you have a statute? It should be on charging papers somewhere. The specific statute will tell us what the potential sentence could be.

Where is the base located? It's been my experience that most minor crimes on base are charged under the laws of the state where they occur. Of course, it may matter as to the nature of the property that was stolen.

 

[J8484]

Title 18 USC 641
Could this be it?

 

[J8484]

And it's located in Nevada. Las Vegas to be exact. And I received a letter to appear in court and apparently it's a federal case not state case. Local metro did not want to take it due to the amount of the item ($18.70)

 

[CdwJava]

Title 18 USC 641
Could this be it?

That's the one for petty theft.

This was in the barracks? (You wrote "BX")

It appears you can go to jail for up to a year and/or be fined. I suspect jail time will not happen, but, the federal system is something I have very little experience in. Expect fines, and expect that your actions may very well reflect poorly on your spouse and alter his career advancement opportunities.

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—

Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

The word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.
(June 25, 1948, ch. 645, 62 Stat. 725; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 108–275, § 4, July 15, 2004, 118 Stat. 833.)​

 

[J8484]

No it's was at the BX not in the barracks. So I could be facing jail time?

 

[J8484]

And I had also talked to an attorney who didn't want to take the case but he said I would most likely get probation. Would that be correct? I don't see probation anywhere on what you posted so that's why I'm just clarifying. The attorney I talked to was brief and spoke in lingo I didn't not really understand. More like talking in circles and I left not feeling like my questions were truly answered. So I'm trying to find out more for myself. And he attorney was not a federal one either

 

[HighwayMan]

No it's was at the BX not in the barracks.

i never heard the term BX. Is it PX? Or is that what it's called now?

 

[J8484]

And it was not intentional or knowingly. Which is why part of me wants to try to fight it. But attorney fees are ridiculously expensive. So I also have to weigh in the debt this could add on my family.

 

[J8484]

Px is army bases. BX is Air Force. From what I was told. But they're basically the same thing.

 

[CdwJava]

i never heard the term BX. Is it PX? Or is that what it's called now?

I guess it stands for Base Exchange ... yeah, that's what threw me, too.

 

[J8484]

Yeah same here. So I could be facing jail time? What about probation? An attorney I spoke with told me I would most likely get probation for a year. But he also didn't want to take on a federal case. When everything was happening the MP at the base told me it would most likely just be a fine. But now what you wrote above mentions jail time. And then this other attorney telling me possible probation.