Theft By Unlawful Taking- Felony

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Latest post Tue, Nov 8 2011 9:50 AM by adjuster jack. 6 replies.
  • Sat, Nov 5 2011 5:56 PM

    Theft By Unlawful Taking- Felony

    I was wondering if anyone know what kind of sentence someone would possibly get for theft by unlawful taking. My 20 year old daughter got mixed up with the wrong crowd and the boys she was with were stealing cars. They stole 3 cars and although she did not actually steal the cars herself, she was riding around in them and they all got caught and arressted. Her 18 year old brother was with her also. She was charged with theft by unlawful taking auto all 3 are class c felonies and she has never been in trouble before. The case is going to the grand jury for indictment and I also don't know how long that will take to get the indictment back. I know they are in big trouble but just trying to find out what she could be facing. She has a 3 month son and I am worried to death. Any help or advice would be greatly apprecisted.

  • Sat, Nov 5 2011 6:13 PM In reply to

    Re: Theft By Unlawful Taking- Felony

    The KY penalty for auto theft by unlawful taking is a maximum of 10 years in prison and a fine of up to double the value of the car.

    Being an accessory to a crime is the same as committing the crime itself.

    cmsmith1973:
    She has a 3 month son and I am worried to death.

    Criminals always get worried to death after they get caught committing a crime. They don't seem to worry much about it before they commit the crime.

    cmsmith1973:
    Any help or advice would be greatly apprecisted.

    Here's the advice: Get them both a good lawyer. That's the help they need.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sat, Nov 5 2011 6:43 PM In reply to

    Re: Theft By Unlawful Taking- Felony

    Oh my goodness. So she could possibly be facing 10 years for each car?? Is that what you are saying? he is going to give my husband and me guardianship over her 3 month old just in case. So would it not help that she has never been in trouble for anything? When she was arressted she was competely honest with the police and told then everything she knew. Will that help at all? So are you saying that there will definitely be jail time and no possibility for anykind of home incarceration or probation??

  • Sat, Nov 5 2011 6:50 PM In reply to

    Re: Theft By Unlawful Taking- Felony

    cmsmith1973:
    So she could possibly be facing 10 years for each car?

    That is the maximum penalty.  Her attorney can advise her as to what the typical sentence is if found guilty.  Since they are felonies she almost certainly is looking at jail time of at least a year if convicted.

    cmsmith1973:
    So would it not help that she has never been in trouble for anything?

    Only at sentencing and by then it is too late she has been convicted.  That kind of information is only introduced to the Judge when sentence is handed down.  It isn't relevant information at trial.  It might be information the defense can use in attempting a plea bargain with the DA.

    cmsmith1973:
    When she was arressted she was competely honest with the police and told then everything she knew. Will that help at all?

    ONLY in convicting her.  She had the right to remain silent unfortunately she didn't have the ability.  Cops are NOT there to help her they are there to collect evidence to get a conviction.  She needs to SHUT UP and stop talking to anyone but her LAWYER and that includes you.  ANYONE she talks to except a lawyer can be called as a witness for the prosecution against her.

    cmsmith1973:
    So are you saying that there will definitely be jail time and no possibility for anykind of home incarceration or probation?

    On felonies:  yes.  Unless an attorney can negotiate a plea deal on a lesser charge she is likely looking at at least some time in jail.  Consult an attorney NOW.

     

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sat, Nov 5 2011 7:43 PM In reply to

    Re: Theft By Unlawful Taking- Felony

    Thank you for the information. It is just heart breaking to me that I could be losing both of my children at the same time. For them to be so young and they have ruined their lives. Don't get me wrong, They did wrong and they should have to pay for their crimes. I totally agree with that. My son had just turned 18 5 days before they got caught. I wish they could do some time to pay for their mistake and then go into some kind of rehabilitation place where they could get the help they need. It's really sad that my 3 month old grandson will not have his mother and now I will have to figure out how to protect him and somehow explain this to him when he gets older. I just don't understand what goes on in these kids minds these days.

  • Mon, Nov 7 2011 10:55 PM In reply to

    Re: Theft By Unlawful Taking- Felony

    Any idea what the minimum penalty could be?

  • Tue, Nov 8 2011 9:50 AM In reply to

    Re: Theft By Unlawful Taking- Felony

    cmsmith1973:

    Any idea what the minimum penalty could be?

    An attorney could probably tell you that.

    I suggest that you don't drag your feet on hiring one.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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