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Theft Crime: Mandatory Sentences

March 21, 2024 Uncategorized

If you’re charged with a theft crime, the degree and severity of the charge will vary depending on the circumstances. Regardless of the charge or the seriousness, it’s vital to get in contact with a lawyer as soon as possible. Lawyers are experienced in navigating the criminal justice system. They can protect you from the predatory tactics of law enforcement, help explain your options, and create the best defense based on the evidence being presented by the prosecution. A lawyer may be able to get the charges or potential sentence reduced. They may also be able to help demonstrate evidence showing that the prosecution is incorrect and that the allegations are false.

You should never wait to be indicted or convicted before you ask for a lawyer. As soon as law enforcement is involved in the situation, you should get a lawyer as a form of self-protection. This is especially true if you’re innocent. The earlier in the process that you involve your lawyer, the easier a time you’ll have navigating the criminal justice process.

Mandatory sentences are a complicated aspect of the legal system. They can vary slightly depending on whether you’re dealing with state or federal regulations. Different states have different outlined penalties for different infractions. Each crime has different classifications and degrees. Within those classifications, each crime also has a minimum and maximum potential sentence. A judge will choose a sentence from that range. If you want to avoid the minimum possible sentence, you’ll need to strike a plea deal with the prosecution.

Mandatory Minimums Defined

Mandatory minimums are defined differently depending on different circumstances. One place that mandatory minimums are imposed is in cases where a defendant has had a previous felony conviction within the last ten years. It doesn’t matter what the felony conviction was for – another felony conviction means that they will have to serve a mandatory minimum sentence.

There are also mandatory minimums for people who steal more than $1,000,000. If the valuation of the theft was more than $1,000,000, then the defendant will need to serve a mandatory prison sentence upon conviction. This remains true even if they had no prior criminal record.

Appealing Mandatory Minimums

There are some ways to appeal a mandatory minimum sentence, but you’ll want a lawyer for all of them. It’s important to have effective assistance counsel. During the case negotiations, your lawyer can create a strategy to help you avoid experiencing a mandatory minimum sentence or to reduce the mandatory minimum.

The best way to avoid a mandatory minimum is during the initial case. But if you’ve received a conviction that includes a mandatory minimum sentence, you’ll also want a lawyer to help guide you through the appeals process. Your options for appealing a sentence will vary depending on the circumstances of the crime, your conviction, and your options for restitution.

The Role an Attorney Plays

Sentencing lawyers can guide you through the entire justice process. From the moment you’re arrested and charged, your lawyer is your biggest advocate. They will have access to information regarding the prosecution, the case being built against you, and the information that law enforcement is compiling. They will also have previous experience with similar cases.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

A criminal lawyer understands how mandatory sentences work on a federal and state level. They will be able to explain the ramifications of the charges that you’re facing. They’ll also be able to explain the options you have going forward based on the evidence that the prosecution has compiled. You and your lawyer will create a strategy together.

Sometimes the strategy will involve plea negotiations with the prosecution to avoid a mandatory minimum sentence. In a plea negotiation, you’ll usually be asked to plead guilty to a lesser charge for a reduced sentence. There won’t always be a plea deal available, and your lawyer will be able to advise you about whether a plea deal is a good option.

Should the case go all the way to a judge, your lawyer will be able to create a strategy to argue your case. They may argue to have your charges reduced, or they may argue for a more lenient sentence based on your actions. For example, if you pay restitution and indicate that you want to make the situation right, judges tend to be more forgiving in their sentencing.

Your lawyer may also be able to poke holes in the prosecution’s case during the arguments. If the prosecution’s evidence isn’t able to definitively prove that you committed the crime, your lawyer will point that out. The burden is on the prosecution to prove beyond a reasonable doubt that you committed the crime. Your lawyer’s job is to examine the facts to determine and point out the existence of reasonable doubt.

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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