What should the expected outcome be in a case of petty theft/pass of criminal tools, if I already have a precious misdemeanor conviction?

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What should the expected outcome be in a case of petty theft/pass of criminal tools, if I already have a precious misdemeanor conviction?

Previous offense was for unauthorized use of property. I have a traumatic brain injury and I have been trying to get help with my issues of stealing. However, every once in awhile these impulses come up and I don’t want to do this to myself anymore. What do I do to help my case?

Asked on December 23, 2010 under Criminal Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry to hear of your injury.  Relying on it to prove a defense in your case may be difficult unless someone has linked it to the behaviour: stealing.  Are you under the care of a doctor?  Anyone that can testify on your behalf?  Have you ever told anyone of these impulses that you can not control?  I think that your best bet here would be to consult with an attorney in you area on the case.  An attorney would best know how to present the evidence that you claim to have to prove that the deeds are the result of the injury.  Also ask about treatment programs and maybe entering one voluntarily and before you are tried and convicted may help your case as well. Good luck to you.


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