What to expect

[mitchlee]

What can I expect for a 2nd offense misdemeanor theft when the 1st offense was almost 20 years ago?
I received a misdemeanor theft retail under $50 citation and have an initial court appearance set. I have a prior misdemeanor theft from almost 20 years ago, not retail theft, should I expect Jail time? Can I plea this to a lesser charge than theft?

 

[PayrollHRGuy]

What state are you in?

 

[mitchlee]

WI

 

[HighwayMan]

What does your attorney have to say about the matter?

If you don't have one representing you then you should be looking to retain one.

 

[quincy]

What can I expect for a 2nd offense misdemeanor theft when the 1st offense was almost 20 years ago?
I received a misdemeanor theft retail under $50 citation and have an initial court appearance set. I have a prior misdemeanor theft from almost 20 years ago, not retail theft, should I expect Jail time? Can I plea this to a lesser charge than theft?

Even without a previous conviction for theft years ago, you can face jail time for the Class A misdemeanor theft.

The penalties upon conviction can include fines of up to $10,000 and jail time up to 9 months.

Here is a link to Wisconsin's 943.20, Theft: https://docs.legis.wisconsin.gov/statutes/statutes/943/III/20

Here is a link to Wisconsin's 939.51(3)(a), Misdemeanors:
https://docs.legis.wisconsin.gov/statutes/statutes/939/IV/51/3/a

You will want to have an attorney. Your attorney will work to get you the best outcome possible.

Good luck.

 

[FlyingRon]

You need a local attorney. Each county in Wisconsin has its own sentencing guidelines. We can't even predict what you might get. Don't have any specific sentencing guidelines for misdemeanors but the felony guidelines asks the court to consider the time between the previous conviction and the new crime (discounting any time that the defendent was incarcerated).

 

[quincy]

You need a local attorney. Each county in Wisconsin has its own sentencing guidelines. We can't even predict what you might get. Don't have any specific sentencing guidelines for misdemeanors but the felony guidelines asks the court to consider the time between the previous conviction and the new crime (discounting any time that the defendent was incarcerated).

I thought the state of Wisconsin made changes in their sentencing guidelines effective this month. Perhaps I am wrong?

I agree with your advice to seek local counsel.

 

[LdiJ]

Even without a previous conviction for theft years ago, you can face jail time for the Class A misdemeanor theft.

The penalties upon conviction can include fines of up to $10,000 and jail time up to 9 months.

Here is a link to Wisconsin's 943.20, Theft: https://docs.legis.wisconsin.gov/statutes/statutes/943/III/20

Here is a link to Wisconsin's 939.51(3)(a), Misdemeanors:
https://docs.legis.wisconsin.gov/statutes/statutes/939/IV/51/3/a

You will want to have an attorney. Your attorney will work to get you the best outcome possible.

Good luck.

Where do you get that a theft citation under 50.00 is a class A? Nothing that you linked indicates that.

 

[quincy]

Where do you get that a theft citation under 50.00 is a class A? Nothing that you linked indicates that.

Yes. It is there. Did you read what was linked and scroll to penalties?

"If the value of the property does not exceed $2500, is guilty of a Class A misdemeanor."