Can someone tell me what?
Moms View Message Board: General Discussion: Archive May 2008:
Can someone tell me what?
first-degree aggravated theft is. What do they have to do to get charged with this. Dh Dad was arrested a few days ago and I think they are lying to him about this. They are telling him the police came out to arrest him on an inditement and they told him nothing no reason at all for being arrested and I thought they had to give you a heads up or something. Although this don't suprise me or dh.Your figure he is over 60 that he would learn but his own mom never trusted him so I guess they never learn But I was just curious to know
I think this is right:
Theft in the first degree is a felony. If it was in the 2nd or 3rd degree, it would be a misdemeanor. Aggravated theft means that the amount is over a certain dollar amount. Was he given a date to appear in court?
I guess he goes in the 20th. Dh and his Dad have had a rough few years so dh isn't to worried about it. I was just curious. We are almost 2000 miles away from them and we tend to hear alot of different stories
Yes First-Degree Aggravated Theft is a Class B felony charge. This sentence is usual given to someone that has stolen, or is in the possession of $10,000 worth of stolen cash or properties, possessions. The sentencing for this crime, if not plead to a lesser charge, and depending on the criminal past of the person, can be as much as 25 years, or more.
They gave him cause for the arrest. He is being held under indictment for First-Degree Aggravated Theft, a Class B Felony. They have some how got him involved in a situation where the theft of properties/possessions or moneys in the amount over $10,000 dollars have been taken from someone, or some establishment. He was not "caught in the act" of the crime, as in arrested at the scene, but he has been linked to it, and brought in to be formally charged. He would have been given papers when they showed up at his house. One would have been his copy of the warrant for arrest and the other would have been the indictment, any clue where those might be??. Once they read him his Miranda rights, unless he was willing to confess/talk about his knowledge of the crimes he is charged with then they really can't talk to him about anything to do with the charges. He will need to request an attorney, if he is unable to afford one, or he will need to obtain on if he is able to. His attorney will be able to obtain a copy of the original documentation that list what his indictment is for.
I will say, that they must feel pretty certain of his involvement. Usually they will bring you in for questioning, hold you up to 72 hours on suspicion, then present the prosecutor with the findings, who decides on the formal charges, request indictment from the judge/grand jury (depending on your state), the judge/grand jury then issues the indictment and a judge issues the warrant to arrest. Seems that they have skipped all the way up to the last step with out talking to him, the way he seems to be telling it.
Once you are being held on indictment, a formal accusation of having committed a criminal offense.. You are then detained until arraignment, at which time you are read your formal charges, you make your plea, and you are told your bond/bail pending trial, and the trial date is set. If you can come up with the bond/bail then you are released pending trial, if not you are detained and those days served off of your final sentencing. Unless you do not have an attorney, then the judge can hold over the arraignment until one is obtained and you remain in jail until you are formally arraigned, once again those days in jail counting as days served on the final sentencing. Once you go through the trial you are given your final judgment, this is more often than not plead down to a lessor charge and never makes it to trial, but in either case a plea or a trial there will be another hearing for sentencing.
Do you have any idea what he might have done??
Actually, Anon, as long as the police have a warrant, they don't have to give a "heads up". They usually don't, except with very prominent people, because there is always a concern that the person about to be arrested might flee or might decide to resist arrest violently. An exception might be made for a prominent person because someone who is well known and well-connected in a community is usually less likely to flee and less likely to be violent, though that doesn't always hold true. Sometimes the police will question someone and, especially if the person has a lawyer, will offer the opportunity for the person to come in and surrender voluntarily, but they are not required to do that.
Of course, Ginny would be correct about that. Warrants are served to the general public when they can "track" you down, with out for warning. If the police can come in with the upper hand, then there is a lesser chance of incidence. The safety of the officer, the general public, and the charged person has to come first.
well he already has one felony against him or has had. From What dh and I get is that he was opening up some store and ordered a bunch of furniture well It was delivered and he decided not to keep it and suposidly sent it back to the company. But he has always been shady. You can never trust anything he says or does. I am just glad we are here and they are there.
In our state if u know the court he was arrested u can look him up by full name or SS number and find out what the charges are and then on that same are u can find out what the bond and all is and what the hearing dates are. Sometimes it takes a bit of searching but usually is possible.
It does sound a bit shady.. They generally do not waste their time with indictment unless they have do cause. That doesn't mean they don't make mistakes, with identity etc... But this is a serious offense, not just a couple of hundred dollars, which would be a misdemeanor. I would assume they have dotted all their i's and crossed all their t's.
If this does have to do with the "store"... He could have been loaned the money to start the store, with a pay back plan and/or with shares of sales. He could have then kept the money when he decided not to open it, and that could be the theft. He could have received the furniture, and sold it off with out paying the distributor for the merchandise, that could be the theft. He could have also sold, $10,000+ worth of merchandise to customers, getting the money and not making delivery of the items, also a theft.
Was his other felony for theft? If he was charged with and sentenced with a felony charge, then he has a felony on his permanent record. As a juvenile, unless a major offender, the records are sealed at age 18. Once you reach adult status you record stands for the rest of your life. Unless you can prove it wasn't you after the sentencing, then you have to have a judge order the records for that case sealed.
So, if his other felony was for theft, then this would be his second strike. If it was for a similar crime, they just might throw the book at him. That will depend on his attorney and the prosecutor though.
Like I said the attorney generally attempts to plea down the charges to a lesser offense. With as full as the prisons are, the prisoner to staff ratio is extremely high, the prosecutor tends to agree with the plea. With this being a non violent offense, I would expect a plea agreement. He might end up with Jail time but I wouldn't bank on a 25 year sentence.
Jewlz is correct. In Ohio they have an online data base for the courts. All you have to have is the first and last name of the defendant and the county the indictment is through.
When they handed down the indictment and the warrant a case would have been opened. The indictment, warrant, what officer served him, where he is being detained, the date and time of his arrangement, would all be listed at this time. As the case goes forward the record is updated. You would be able to see what his plea was, bond/bail, if he bonds out you will be able to see when he was released. They will keep the records up to his final sentencing. These are public records, in the case of adults, which means any one can view them.
You however may not find out any more than you already know. They generally use law codes to list the offenses not the actual crimes in layman terms. You might be able to find out who his victims are, in time, and piece together what he truly did. Those things generally aren't listed until they start issuing the sapenas for testimony thought.
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