Legal Question in Criminal Law in Ohio

5th degree felony on theft

I was charged with a 5th degree felony on theft charges. I was not advised of my rights when I was arrested. I have no prior criminal record. What is the typical sentence for me? I was told that I would get 6-12 months for stealing a credit card and using it for $50. I would greatly appreciate any response!

Asked on 11/13/05, 3:51 pm

2 Answers from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: 5th degree felony on theft

A fifth degree felony has a potential punishment of 6, 7, 8, 9, 10, 11, or 12 months, plus a fine and court costs. Improper use of a credit card can be a higher degree felony. It really depends on your prior record, the prosecutor's and victim's attitude toward your case, and the Judge. Because this is a felony offense, you should hire an attorney to assist you. If you have no prior record there is a reasonable chance you can get this charge reduced or, if not, then you should have a good shot at probation. I would definately hire an attorney on this one.

Whether or not the police read you your rights could be important, depending on the facts of your case. Again, you need an attorney to carefully investigate the facts of your case to determine whether or not that matters.

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Answered on 11/13/05, 9:58 pm
James Stempien James H. Stempien, Jr.

Re: 5th degree felony on theft

Sentence depends upon what county you are being prosecuted. Sentence can be no more than one year. Sentencing also depends upon any prior criminal record you have.

As far as not reading you your rights this would figure into when you were arrested, and what you said to the police before you were arrested. Your rights come into play when you are taken into custody. Any voluntary statements made by you before you were taken into custody are admissible to be used against you.

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Answered on 11/14/05, 11:56 am

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