Legal Question in Criminal Law in Pennsylvania

What is 18:1711

While a resident of Pennsylvania I was charged with Misappropriation/ embezzlement of postal funds. I plead No Contest, received 3 years probation and restitution, no incarceration. No priors, nothing since. My question - Is this a felony or misdemeanor?


Asked on 11/13/06, 9:18 am

3 Answers from Attorneys

Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: What is 18:1711

It could be either, didn't you have counsel when you plead guilty...(no contest is a guilty plea)? If you didn't you should have, in any event either contact your former attorney or contact the Clerk of Courts office for the county in which you were charged and plead guilty in.

Sincerely,

Marc V. Taiani, Esquire

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Answered on 11/13/06, 9:54 am
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: What is 18:1711

Sounds like a felony because the length of probation but the legal test is to compare the elements of the "foreign" state crime to what it would have been had it been committed in Florida

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

West Palm Beach, FL

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Answered on 11/13/06, 10:04 am

Re: What is 18:1711

This is probably a felony. You did not indicate which court you entered your no contest plea, federal or state. While it is possible to receive 3 years probation for a misdemeanor, that sentence is more consistent with felony conviction.

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Answered on 11/13/06, 10:13 am


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