Felony charge? What do you think?

My sister is facing 3 felonies in Michigan for stealing 2- $50.00 gift cards from her job, a non profit. First offense ever. Her lawyer was able to get it down to 1 felony no gaurentee on time served anywhere up to 4 years in jail. Or she can plead to 2 felonies with a gaurentee of only 30 days max. What do you think she should do? If she took the 2 felonies she would have it on her record forever but could be out in 30days. She has a 12 year old boy. If she took the one she could get up to 4 years but could get it off her record in 5 years. Alot of the judges and prosecuters are involved with this non profit and some are on the board of directors which is why she is being charged so heavily. What is your suggestion? If she was sentenced to 30 days max how long do you think she would serve? The full amount or just some? Remember this is her first offense, she is 32 years old. Any help would be great. The lawyer is trying to get it down further but who knows! This her only offense ever.
Additional Details
To the person who said butt out that it is my sister's problem I am just trying to help her and find out more. There are 3 charges... 2 charges both felonies for taking the gift cards, the 3rd charge is larceny which was explained as actually removing the cards from the building. The plea deal is admit to 2 COUNTS (felonies) and they guarentee 30 day max jail time. Another deal is to admit to 1 count and she will have no gaurentee of time in jail and could do up to 4 years but could get it espunged off her record in 5 years. I am telling you exactly what is happening, not leaving anything out at all. Her lawyer is going above the prosecuter and speaking to his boss to try and get it down even further to like a misdeamenor. She admitted to taking both cards when she was interviewed by police a year ago and wrote out a statement so pleading not guilty would be pointless.

N S

Why is she even being charged for a felony? The amounts are so low, it would usually be considered a misdeamenor.

Never ever take 2 felonies if you can get away with 1. It's going to be hard enough getting a job, etc, with 1 felony. Also if she ever does anything that stupid again, a judge looking at 2 prior felonies will really throw the book at her.

She should look into getting a new attorney, because stealing $100 in cash/gift cards is not a felony, unless she's purposely not telling you the whole story.

Liz A

I would take the 30 days because then she can serve it in the county jail and be close to home so her son can visit. If she takes the felony up to 4 years, she goes to a prison away from home. By the way, either one she chooses, it's on her record, it doesn't go away in 5 years.

.. .this can't be good

She admits taking the cards, so clearing her record isn't the first concern. If she was innocent, I would be wanting to help her clear her record. Since she admits guilt, I would be willing to accept the record, and take the guaranteed 30 days. After that time, and the probation that will probably follow, she can still apply for expungement or a pardon, if she has lived right. It's not necessarily permanent, and if she takes the deal and owns up to the mistake, that may go further in clearing her record in the long run.

Big Fella

Never a good idea to plead to anything if you are not guilty, I damn sure would not plead too two felonies versus the one. I would like to know what the 3rd charge is before I get to deep on this. If she is a first time offender, it is unusual that she is unable to get probation regardless of what you claim may be a conflict of interest, if that is true, he lawyer can ask that they be removed, because of the conflict of interest. Often time if you do not take the plea, when you lose in the court room, they will go for the maximum, because you waisted the courts time.

littlemomm33

THE ANSWER TO YOUR QUESTION IS EASY SHE TALK THE 30 DAYS AND GET OUT IT BETTER TO HAVE IT ON HER RECORDS THEN TO LEAVE HER CHILD FOR 4 YEAR . I'M 34 YEARS OLD AND HAVE 2 KIDS AND THEY COME FIRST KNOW MATTER IF THEY OFFERED HER THIS TELL HER TO THINK ABOUT THE CHILD AND NOT HER RECORD BECAUSE IT WOULD STILL BE ON THERE FOR 5 YEARS .TELL HER TO DO THE TIME AND GET IT OVER WITH AND GO HOME AND DON'T GET IN ANYMORE TROUBLE . GOD BLESS HER BECAUSE IT EASY TO GET IN AND HARD TO GET OUT. 30 DAY IS BETTERTHAN 4 YEARS AWAY FROM HER CHILD.

Mr. Kool

that's not right! there are laws against 'cruel and unusual punishment' she shouldn't be charged with a felony at all! theft and/or shoplifting yes...but that's it. and those are misdemeanors! i think she should plead NOT GUILTY!

â™¥â™ªBlinkâ™ªâ™¥

Tell her to take probation.. deferred adjudication when she completes the probation it will not be on her record as a conviction.. Make sure to plea as low as you can like 6 months or something..

Golden

go to court.

sgoldperson

I'd take the single count. Look it could be rough on the amount of time she serves BUT any Judge involved could get thrown off the case if they took it because it would be a conflict of interests. The thing is that having TWO felony counts on your record would kill you. Having one, that may come off in 5 years, is a lot better when you try to get a new job. Actually the prosecutors should have turned it over to someone else if they are involved with the company. Right there I'm see a case that should have had a change of venue because there is no way to get a fair case in that town. I know it isn't a trial, so actually I'd say it should have been turned over to the State.

STRAUSSIAN

Plead to NOTHING and go to trial. No jury will convict on that.

wanna know

First offense usually gets probabtion and fines have her lawyer do his job and tell them no jail time or no guilty plea .Good Luck

She is so young too. I think she should do the 30 days and try to live the rest of her life as if she were Mother Thereasa herself.

richie9toes

My suggestion would be to do whatever her lawyer tells her to do. Have you looked at some of the answers on here..

da law

I don't know about Michigan, but here it is a Misdemeanor. I agree with other response, she is probably leaving something out in the story.

I am not sure about what you mean by one felony or two. Usually it is one "count" or two and what in the heck does it matter. A conviction is a conviction and is going to affect her whether it is one or twenty.

She is paying her attorney who knows ALL of the facts, not just what she feels she needs to tell you, or only her side. The attorney knows the entire case they have against her. I'm not sure why she would get a longer sentence for one count and lower for two counts - that in itself doesn't make sense - less time for a bigger crime????

Stop blaming everyone else, but your sister. She had a choice to NOT take the gift cards, and now she is facing the consequences.

My advise is it doesn't matter what any of us, or you for that matter, thinks. Butt out and let your sister face the music. You can be supportive by being present in court with her and helping with her son if she does have jail time. Otherwise, let her Attorney does his/her job.

Cary C

she will not get jail time (1 month the most) to scare her. she will be on probation cuz its her 1st time. so plea bargain

Low Profile

Your sister had 2 choices, (1) to live her life as an honest person and the other to take stuff belonging to somebody else she chose to steal knowing full well she had her family to look after, she deserves all she gets

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