Charged with retail theft in Pa., 2nd offense, item value $7. Will I have jail time?

[Alleninpa.]

What is the name of your state (only U.S. law)? Pa. Has anyone in Pa. had to serve jail time for a second offense, 2nd degree misdemeanor? First time this happened 2 1/2 years ago it was summary offense, $3. item. I paid a fine & that was it. This time I was charged with 2nd degree misdemeanor (I actually went back & paid for the $7. item before I was even arrested, but it was too late I guess) the judge at the pretrial asked the arresting officer and the store detective if I was eligible for ARD probationary program. The officer & detective both said yes so the judge said if I agree to opt out of having legal counsel at the pre trial I could sign up for it. So I signed away my rights to counsel & signed the ARD application.
I was later denied the ARD, reason was because it was 2nd offense (but I thought I had no prior misdemeanor convictions, that the 1st one was only a summary so realy no prior misdemeanor??) So I have to go to trial next week & Im wondering what to expect regarding jail time. I cant seem to find any info whatsoever as to the real possibility of jail & anyone in Pa. who had to serve jail term for similar situation.
I have a family to support, its a real struggle right now with 4 kids & my wife cant work... im the sole supporter & if I go to jail they will not be able to get by ... I have to apply for apply for a public defender but I don't know if that will help. I am very sorry for my bad decision and Im hoping it wont affect my family too badly. Does anyone out there know from experience what I can expect? Thanks for your help!

 

[FlyingRon]

A summary offense doesn't preclude ARD, but eligibility is always subject to the discretion of the prosecutor and the court. Despite the waiver of preliminary hearing/arraignment, you're back to square one. They CAN NOT deny you counsel and I recommend you get one. You do know that you have at least two more court appearances even if you plead guilty. You'll be sent for a PSI and when sentenced to probation (if you don't go to jail) you'll go to the PO and likely also have to go be drug tested. You'll also be on a payment plan for your close to $4000 worth of various court costs.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Pa. Has anyone in Pa. had to serve jail time for a second offense, 2nd degree misdemeanor? First time this happened 2 1/2 years ago it was summary offense, $3. item. I paid a fine & that was it. This time I was charged with 2nd degree misdemeanor (I actually went back & paid for the $7. item before I was even arrested, but it was too late I guess) the judge at the pretrial asked the arresting officer and the store detective if I was eligible for ARD probationary program. The officer & detective both said yes so the judge said if I agree to opt out of having legal counsel at the pre trial I could sign up for it. So I signed away my rights to counsel & signed the ARD application.
I was later denied the ARD, reason was because it was 2nd offense (but I thought I had no prior misdemeanor convictions, that the 1st one was only a summary so realy no prior misdemeanor??) So I have to go to trial next week & Im wondering what to expect regarding jail time. I cant seem to find any info whatsoever as to the real possibility of jail & anyone in Pa. who had to serve jail term for similar situation.
I have a family to support, its a real struggle right now with 4 kids & my wife cant work... im the sole supporter & if I go to jail they will not be able to get by ... I have to apply for apply for a public defender but I don't know if that will help. I am very sorry for my bad decision and Im hoping it wont affect my family too badly. Does anyone out there know from experience what I can expect? Thanks for your help!

You are the sole supporter? Why then did you decide to steal? And for a second time? You act as though you are the victim. You aren't. You are a thief. You say you are sorry for your bad decision but quite frankly I believe you are sorry you got caught. This was not a bad decision -- not your first one. You did this before and didn't learn that time around.

 

[Alleninpa.]

Not a victim- Thanks for your input.

You are the sole supporter? Why then did you decide to steal? And for a second time? You act as though you are the victim. You aren't. You are a thief. You say you are sorry for your bad decision but quite frankly I believe you are sorry you got caught. This was not a bad decision -- not your first one. You did this before and didn't learn that time around.

Thanks for your input. Im definitely not a victim & what I did was very wrong & a terrible decision that I must now pay for. There were extenuating circumstances both the 1st time & second however. First time at Walmart, was with my son who just turned 18 & it was actually him who placed an item under/in a jacket in shopping cart. I wasnt aware of this at the time but upon leaving was approached by security & long story short, I took the blame for it- as we were in the process of searching for low cost loans & grants so that he may attend college & I did not want this to be on his record & ruin his chances... 2 1/2 years later, I left store with pain medicine for my wife, having forgot my wallet in car I stupidly left with item in my hand & had full intentions of returning to pay for it, which I did infact do. But while I was outside in car I was approached by police officer on a totally unrelated matter- in our conversation he asked what I was shopping for & I told him, he checked my I.D. then afterward I returned to the store & paid for the item. I assumed everything would be ok but a week later I was contacted again by the officer & fully admitted to what I had done. Just wondering if I will have to serve jail term for this so I can try & plan & lessen any hardship for my family...cannot seem to find answers anywhere or find anyone in Pa. who actually went thru sentencing of Second Offense retail theft...

 

[dave33]

What is the name of your state (only U.S. law)? Pa. Has anyone in Pa. had to serve jail time for a second offense, 2nd degree misdemeanor? First time this happened 2 1/2 years ago it was summary offense, $3. item. I paid a fine & that was it. This time I was charged with 2nd degree misdemeanor (I actually went back & paid for the $7. item before I was even arrested, but it was too late I guess) the judge at the pretrial asked the arresting officer and the store detective if I was eligible for ARD probationary program. The officer & detective both said yes so the judge said if I agree to opt out of having legal counsel at the pre trial I could sign up for it. So I signed away my rights to counsel & signed the ARD application.
I was later denied the ARD, reason was because it was 2nd offense (but I thought I had no prior misdemeanor convictions, that the 1st one was only a summary so realy no prior misdemeanor??) So I have to go to trial next week & Im wondering what to expect regarding jail time. I cant seem to find any info whatsoever as to the real possibility of jail & anyone in Pa. who had to serve jail term for similar situation.
I have a family to support, its a real struggle right now with 4 kids & my wife cant work... im the sole supporter & if I go to jail they will not be able to get by ... I have to apply for apply for a public defender but I don't know if that will help. I am very sorry for my bad decision and Im hoping it wont affect my family too badly. Does anyone out there know from experience what I can expect? Thanks for your help!

At this point you get referred to the public defenders office and apply. That is all you can do. goodluck.