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Thread: theft by taking

  1. #1
    gadawgfansm is offline Junior Member
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    theft by taking

    What is the name of your state?What is the name of your state? georgia
    do i need a lawyer for a misdemeanor theft by taking case do these cases get
    jail time
  2. #2
    howamidoing is offline Member
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    Quote Originally Posted by gadawgfansm
    What is the name of your state?What is the name of your state? georgia
    do i need a lawyer for a misdemeanor theft by taking case do these cases get
    jail time
    Theft by taking???????????? It wouldnt be theft by giving!
  3. #3
    n_and is offline Member
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    It wouldnt be theft by giving!
    Ahhh!! But imagine if it was!!

    A misdemeanor theft? Nope, I wouldn't get a lawyer. You'll get a 'slap on the wrist'. Probation, community service, fines.
  4. #4
    JETX is offline Senior Member
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    Georgia State Code:
    16-8-2.
    A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.


    As for punishment, since you didn't tell us the amount stolen:
    16-8-12.
    (a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:
    (1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor;

    I excluded the remaining sections as it is unlikely your theft involved them (things like 'anhydrous ammonia', etc.
    The above statutes can be found at: [url]http://www.legis.state.ga.us/legis/GaCode/Title16.pdf[/url]

    Punishment:
    17-10-3.
    (a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:
    (1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;

    Source: [url]http://www.legis.state.ga.us/legis/GaCode/Title17.pdf[/url]
  5. #5
    n_and is offline Member
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    Yes.....but chances stand, no jail time served. Jails are full...
  6. #6
    JETX is offline Senior Member
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    Quote Originally Posted by n_and
    Yes.....but chances stand, no jail time served. Jails are full...
    No one can guess what the court might do... I just provided what the court CAN do.
  7. #7
    Rhubarb297 is offline Member
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    Quote Originally Posted by JETX
    No one can guess what the court might do... I just provided what the court CAN do.
    Of course one can "guess" what the court might do. A local criminal lawyer (and I mean local to that county) can make a darn good "guess" about what sentence the person would receive.

    Even a non-lawyer can "guess" what the court may do. It might just be a bad guess though.
  8. #8
    JETX is offline Senior Member
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    Quote Originally Posted by Rhubarb297
    Of course one can "guess" what the court might do. A local criminal lawyer (and I mean local to that county) can make a darn good "guess" about what sentence the person would receive.
    And, as usual, RubySlippers is WRONG!! An attorney is a FOOL if he tries to tell you EXACTLY what a court would rule. He might say that you MIGHT get this, or you MIGHT get that... but he/she has absolutely NO way to 'KNOW' how a court might rule, or what sentence they will give a person. There are simply too many variables.

    For example, we don't know if the writer is going to request a jury or bench trial. We don't know if the prosecutor might be up for election and have a "Jail A Thief" campaign slogan. We don't know if the OP might be before a 'part-time' judge who might own (or have a wife/husband who owns) a retail store.

    The only REAL information we can provide ACCURATELY is what the law allows.

    Even a non-lawyer can "guess" what the court may do. It might just be a bad guess though.
    And of course, according to most of your error-filled posts, you have a LOT of experience with WRONG 'guesses', huh??
  9. #9
    HomeGuru is offline Senior Member
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    Yup, celery head has way too much cheese dip.
  10. #10
    Happy Trails is offline Senior Member
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    Oh please don't 'sugar coat' it. Let us know what sour taste Rhubarb really leaves in your mouth.
  11. #11
    JETX is offline Senior Member
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    One of the definitions of 'rhubarb':
    The dried, bitter-tasting rhizome and roots of Rheum palmatum or R. officinale of eastern Asia, used as a laxative.

    How appropriate!!!

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