The Wakeman father who has been working full-time and "trying to be the best father (he) can be" called the crime "a lapse in judgment."
In May, Jared R. Holland, 25, of 6080 Zenobia Road, pleaded guilty to an amended charge of attempted theft of drugs. The Huron County Sheriff's Office investigated the May 5, 2013 incident.
"It was a gross lack in judgment," said Huron County Public Defender, who said he believes Holland is "on the right track now."
"He was on probation at the time of this offense," Huron County Assistant Prosecutor Richard Woodruff said during Wednesday's sentencing hearing.
Woodruff said he doesn't want to see Holland lose his job, so he requested the defendant be placed on the work release program to serve time in the Huron County Jail.
"This defendant does have a criminal history," Woodruff said, citing a felony charge of fleeing and eluding.
Huron County Common Pleas Judge Jim Conway said despite the new felony, Holland's probation officer recommended against prosecutors filing a related probation violation. The judge also said the attempted theft happened under circumstances which weren't likely to re-occur.
Holland was sentenced Wednesday to 90 days of discretionary jail time, with 60 days scheduled to start Nov. 1. Conway told him that date could be pushed back or waived if he continues supporting his child and remains employed. Discretionary jail time means Holland's probation officer can have him serve the jail term at any time or if he does well on community control sanctions, he could request the court waive part or all of it.
"You have to look at this as a genuine second chance," Conway said.
The judge also told Holland there aren't many times when defendants appear before him with a new felony and don't get a prison sentence. Conway noted Holland's suspended driver's license in the fleeing case prohibits him from being on work release and having a job is keeping him from imposing immediate jail time.
During his three years of intensive probation, Holland isn't allowed to have any contact with the female victim or be on her property. He was fined $500 and must pay $3.30 in restitution for the three stolen pills.
If Holland violates his probation on this case, he faces one year in prison.
"As you know, there's additional time (pending) in the other case," Conway said.