Question: My husband is 43 years of age and has never been in trouble before...We had just got papers for him to appear in court on June 17, 2011 for charges back about 2 years ago...This happen in Madison County GA...He is charge with theft by taking-felony...He had taken some old mobile home axles on someone property for scrap to get money...This is his first offense...He is sorry for doing this and we are worried if he will serve any time for this? Can you give us and answer? Is it possible that he could just get a fine and probation..main thing is worried if he could serve time or will serve time is what we would like to know...He just made a wrong decison of thinking.....thanks!

Answer: Because he has no prior record, the judge will probably give him probation, community service and a fine. While you may think that is fantastic news, I reality it is not fantastic news. Why? Because you have indicated that your husband is dealing with hard times. First, he will have a harder time finding employment with a felony conviction. Every week people call asking how to get the charge (where they happily agreed to probation) expunged from their record, because they cannot find employment. The conviction will not be expunged. Second, related to the hard time, if he cannot meet his obligations while on probation, or stops reporting to probation because he cannot meet his obligations (probation supervision fee, community service b/c he does not have gas for the car), or has another lapse in judgment, the judge will send him directly to jail. While no one thinks about violating probation, half of the justice system deals with probation violations. Therefore, I would suggest trying to hire an attorney to assist you.

Answered By Lawrence Lewis - Felony Defense Attorney

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