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    LilTrap's Avatar
    LilTrap Posts: 2, Reputation: 1
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    #1

    May 10, 2007, 05:58 PM
    Entering auto wit inten to commit theft
    I have to go to court for entering auto with intent to commit theft which is a felony this will be my 1st and also obstruction of an officer (running) and I would like to know if anyone would know if probation will be a possibality (I know no one knows for sure) Im in Georgia
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 10, 2007, 07:13 PM
    Well I was a officer in GA for years, and sorry but how in heavens name did you get caught, were you doing it when a officer drove past ? And I am sorry, I worked with these guys, you found one that would actually get out of the car and chase you ?

    I am seroius, not being silly, I worked in GA. I have to ask if you don't mind, what area was this,
    And that will also help me give you a better answer, since if this was in Waycross GA, what happens is going to be a lot differnet than what will happen in Fulton County GA. And if in fulton county was it Atlatna police or one of the other police forces, ( that makes a very big differnece there)

    The entering auto is a major felony in GA, you can ( but won't) get up to 10 years. Believe it or not, the obsturction charge is going to hurt you worst. For example in the entering auto, there was no one hurt, you I hope did not have a weapon, and the possession of tools is an included crime in the entering auto. As for as the intent, that only really matters for the sentenceing, not the crime, the crime is merely entering auto,
    Since you did not actually steal it, they can not get you on the actual thief.
    ** and to be honest a good attorney may well get that intent droped harder to prove you were trying to steal, not just steal things form the car.
    LIke you were going to steal the lock device, or the air bag, not the actual car. So unless you already confessed, a good attorney is the first and most importance.

    The obsturction is the thing that is going to really come back to bite you esp in the southern part of the state, and in front of several of the Fulton County judges, lack of respect of the officers really makes them mad and they will be a lot tougher.
    I have seen the differnce of one year in jail and probation being what I told the judge as to how the criminal acted when I arested him, if they were polite with me ( as for as it can be) or if they were fighting and cursing at me. But with a lot of over crowding in prison, often the non violent crimes on first offense will get probation and sometimes other diversion programs.

    Also if you do look like jail time, ask for the boot camp diversion, normally you can do 3 months at the boot camp and then out on parole instead of a 2 or 3 year sentence for a first offender also ( non violent crime)
    LilTrap's Avatar
    LilTrap Posts: 2, Reputation: 1
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    #3

    May 10, 2007, 08:09 PM
    Im in columbus Ga
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 10, 2007, 08:42 PM
    Not picking on you, or the city before I get a lot of emails again, was it a newer officer ?

    I would say hire the attorney, let them look at the evidence, ( any chance of getting any thrown out) and if they have you cold, work out a deal ahead of time.

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