3 counts of theft, no record, probation worst case scenario?

What is the name of your state? PA

the three chagres i am accused of is one count each of
S 18 3921 SSA theft by unlawful taking
S18 3922 SSA1 theft by deception
S18 3923 SSA1 theft by extortion

I have no record other than one summonary disordely conduct fine i paid awhile ago.

Jsut looking for opinions, if i did plead guilty, would i likely get probation since i have no misdemeanors or felonies on my record?

Also, the criminal complaint only has the victims statement as evidence in it. Its alleged that i stole the victims drivers license and social security card and threatened by email to post them on the web unless money was paid for a debt owed. They rushed to charge me , without even subpoenign ip address of where that email came from, just the victims statement that i did this. any advice/comments would be appreciated.

They only need probable cause to charge you. They could go get all the additional information now. Did they question you? You need a lawyer. I wouldn't plead guilty unless I have a guarantee that the sanctions to be imposed were acceptable. Your lawyer is in the best position to negotiate with the prosecutor.

no questioning either

no, they didn't even question me to ask me if i did this. You would think for such serious charges they would do that.

Also, i heard from a pretty relaible source that the assistant DA said they are going to bring up prior id theft investigations on me to the judge, just INVESTIGATIONS. is that legal??? wouldnt that prejudice the judge when i never was even charged for anything !

Shouldn't be admissible during the trial. It's likely to show up in the PSI.

counter "theft of services" complaint

ok let me explain further what happened.

An internet person i was chatting with said they wanted me to come over just for some companionship and AGREED in IM's (instants messages) that they would give me $40 for gas for my time.

Well, isnt that a legal contract and i want to know if i should press "theft of services" crimInal complaint on him for NON PAYMENT. I looked up the law and it seems that if you holding someones property for a lawful service then it isnt theft. in the complaint , the supposed victim said i came at 1 am and said in the complaint that he did NOT pay me the $40 that i requested (he says requested when he AGREED to it as payment) . I want to request that they subpoena aol for the im logs of that night . heck, i figure they are goign to search for the ip address of the suppsoed extortion email so i think i have a right to request the im logs between me and him where he agreed to pay $40 if i come to his house. im just debating whether i shoudl go the police tonight and try to file a theft of serivces criminal complaint. Where he filed it, is a FAR drive from my house and i only received the charge a few days ago if they wonder why i waited. It also shows my state of mind that i was ripped off by this guy and that he caused all this

§ 3923. Theft by extortion.
(a) Offense defined.--A person is guilty of theft if he intentionally obtains or withholds property of another by threatening to:

commit another criminal offense;
accuse anyone of a criminal offense;
expose any secret tending to subject any person to hatred, contempt or ridicule;
take or withhold action as an official, or cause an official to take or withhold action;
bring about or continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
testify or provide information or withhold testimony or information with respect to the legal claim or defense of another; or
inflict any other harm which would not benefit the actor.

(b) Defenses.--It is a defense to prosecution based on paragraphs (a)(2), (a)(3) or (a)(4) of this section that the property obtained by threat of accusation, exposure, lawsuit or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which such accusation, exposure, lawsuit or other official action relates, "or as compensation for property or lawful services"

ITS THAT LAST PART I AM REFERRING TO.

so do i jus keep my mouth shut and see if they can prove their case or do i go to the police station (without a lawyer i know isnt that good to do, BUT i cant wait miuch longer to file the criminal complaint if i am going to )

Why exactly was the other guy going to pay you $40.00? I find it hard to believe it was for gas money. Perhaps you can expand on your definition of "companionship"

So if it was for some other arrangement which wasn't legal, then that contract wouldn't be legally enforceable anyway.

Did you grab this guys License and SS card when his pants were down? Possibly during your agreed act of companionship?

I think keeping your mouth shut would be best all the way around.

But I'm thinking it may be a little late for that advice....

legal service

look, it was totally legal and enforcable. the guy is a lonely guy that just wanted company.
escorts are legal. look in ur YELLOW PAGES of your phone book ,. they wouldntbe in there if they werent legal.
I guess ill just ask my attorney tomorrow but i want to subpoena our ims where he AGREED to give me $40. thats theft of services since he lied and had no money and didnt pay as he even says in the compliant against me. He caused all this and now I gotta defend myself. HoOpefully they will charge him for theft of services or at least drop the case.
if they dont drop the case,i have a right to demand that those ims where he agreed to pay me $40 get subpoened? i sure hope so

kingcuppie said:

look, it was totally legal and enforcable. the guy is a lonely guy that just wanted company.
escorts are legal. look in ur YELLOW PAGES of your phone book ,. they wouldntbe in there if they werent legal.
I guess ill just ask my attorney tomorrow but i want to subpoena our ims where he AGREED to give me $40. thats theft of services since he lied and had no money and didnt pay as he even says in the compliant against me. He caused all this

Click to expand...

You stole the guys drivers license and SS card, threatened to post the information on the Internet and you believe he caused all this?

How long did you provide your escort service, or rather your act of companionship for?

Maybe he feels your service wasn't worth the forty dollars. Next time you should try to negotiate a price the two of you can settle on, rather than steal his personal property.

The cost of a lawyer to keep you out of jail will certainly dwarf that forty!