QUESTION

What should I say and do in the court room in a petty theft charge first offense?

Asked on Feb 24th, 2014 on Criminal Law - California
More details to this question:
I was issued a citation for petty theft valued at $145.00. I'm 23 years old and a first time offender with a previously clean record, female. What are my best options? I can't afford an attorney. What do I say and do when I enter the court room? How does this process work?
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6 ANSWERS

Michael J. Breczinski
You are wrong. You can't afford to NOT have a lawyer. You should plead NOT guilty. (You lose ALL bargaining power by pleading guilty right away.) Ask for a lawyer if you can't afford one. See if something can be worked out so that you end up with no conviction for theft on your record. This is huge. What employer wants to hire a thief?
Answered on Mar 04th, 2014 at 7:46 PM

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Thomas Edward Gates
Your first appearance in court will be your arraignment where the charge against you will be read into the record. You can screen for a public defender. In Washington, you have committed a gross misdemeanor with a sentencing range of 364 days in jail and $5,000 fine. As a first offense you will likely be sentenced to attend a consumer awareness class, do community service, pay a fine, pay restitution, stay away from the store, have no further law violations, and be on probation for one year. You will also have to pay a civil fine. If there is a diversion program take it.
Answered on Feb 27th, 2014 at 8:24 AM

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Petty theft is a misdemeanor punishable by up to one year in county jail and/or up to a $1,000.00 fine. Your first appearance will be your arraignment. At your arraignment, you will be told your rights and the charges against you and asked if you plead guilty or not guilty. At most arraignments you will be told what the punishment will be if you plead guilty. In your case the punishment should you plead guilty would be three years? summary probation, a fine, restitution to the victim, community service, and theft classes. At times, the offer will go down if you plead not guilty at the arraignment. If you think that the prosecution can prove that you are guilty, you should plead guilty to the best offer without jail time.
Answered on Feb 27th, 2014 at 8:24 AM

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Criminal Defense Attorney serving Englewood Cliffs, NJ at Savyon Grant, Esq. & Associates
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You apply for a public defender. You do not do this on your own. This will remain on your record till you petition the court for expungement.
Answered on Feb 27th, 2014 at 8:24 AM

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Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Feb 27th, 2014 at 8:23 AM

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Personal Injury Attorney serving Las Vegas, NV at James E. Smith, LTD
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Ask for the diversion program.
Answered on Feb 27th, 2014 at 8:23 AM

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