need help with misdemeanor

[chicago1975]

What is the name of your state? illinois

Hello---i am 25 year old male that needs advice on a crimincal act I did a couple days ago.

First off I am extremely embarrassed and ashamed of the stupid act I did on Saturday but need help because I dont know what to expect with the sentencing.

Basically I was drunk and broke a glass door the led to a apt lobby. I was walking to the next bar and pulled this foolish act and was arrested not tn minutes later in the bar I was at.

I never have been charged/convicted of a crime ever in my life. Other than this crime I am a model citizen. However I am very concerned about the outcome of this charge. Basically me question(s) is this....


What will the fine most likely be? I have no problem paying fines/damages. I just dont want to goto jail.

Is there a chance to get this off my record ever?

I just don't know what to do. Plead guilty....pleade innocent.....get a lawyer?

Any help would be greatly appreciated

 

[seniorjudge]

What is the name of your state? illinois

Hello---i am 25 year old male that needs advice on a crimincal act I did a couple days ago.

First off I am extremely embarrassed and ashamed of the stupid act I did on Saturday but need help because I dont know what to expect with the sentencing.

Basically I was drunk and broke a glass door the led to a apt lobby. I was walking to the next bar and pulled this foolish act and was arrested not tn minutes later in the bar I was at.

I never have been charged/convicted of a crime ever in my life. Other than this crime I am a model citizen. However I am very concerned about the outcome of this charge. Basically me question(s) is this....


What will the fine most likely be? I have no problem paying fines/damages. I just dont want to goto jail.

Is there a chance to get this off my record ever?

I just don't know what to do. Plead guilty....pleade innocent.....get a lawyer?

Any help would be greatly appreciated

When you go to court for the first time, ask the clerk who the prosecutor is and then politely ask to speak to the prosecutor. Say to the prosecutor, "I did something really stupid and I will plead guilty and pay 100% of the court costs and 100% of the cost for the damage [here you display the wad of cash you are carrying] if you will either dismiss the charge OR, if you won't do that, then don't object to the court when I ask for a suspended imposition of sentence [or whatever they call it in your neck of the woods...that means a deal where there is no record if you satisfactorily complete so much time on probation]."

Most prosecutors (unless you are around Duke University) have excellent morals, but showing the prosecutor you are ready, willing, and able to pay your dough that day will impress him or her.

In nothing else, print this whole thread out and ask the prosecutor to read it (say please).



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[chicago1975]

When you go to court for the first time, ask the clerk who the prosecutor is and then politely ask to speak to the prosecutor. Say to the prosecutor, "I did something really stupid and I will plead guilty and pay 100% of the court costs and 100% of the cost for the damage [here you display the wad of cash you are carrying] if you will either dismiss the charge OR, if you won't do that, then don't object to the court when I ask for a suspended imposition of sentence [or whatever they call it in your neck of the woods...that means a deal where there is no record if you satisfactorily complete so much time on probation]."

Most prosecutors (unless you are around Duke University) have excellent morals, but showing the prosecutor you are ready, willing, and able to pay your dough that day will impress him or her.

In nothing else, print this whole thread out and ask the prosecutor to read it (say please).



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

i am sure the cost of this door will be over $250 dollars----does that mean a felony?

if so...what would be the best thing for me to do to avoid jail time? I just can't goto jail.

fines are no problem...i'll pay double just to get this over with.

Also---is it possible/good idea to contact the apt building on my own and try and plea for them to drop the charges if I pay them right then and there for any damages?

 

[garrula lingua]

Yes, most states have what is called a 'civil compromise' statute. If the 'victim' is paid in full for a property offense and signs a statement saying s/he does not want prosecution, the charges are usu dismissed. You can't do this without using an atty or without the blessing of the Prosecutor ( it can appear to be witness intimidation).

Senior Judge gave very good advice.

My only concern is: if you are innocent, do not plead guilty.
Were you charged with vandalism ?
What actually happened ? Did you break the door accidentally ?

Did you get a copy of the police report ?

Your first appearance at court should be for arraignment and plea. Ask to represent yourself and ask to speak with the Pros. If you get a hard-head prosecutor, ask for a continuance (if asked why, it should always be granted if someone wishes to consult with an atty). Possibly the case would be cont'd to a date when another Pros is there.

As SJ said, remorse works and payment of restitution to the victim goes a long way to a graceful resolution of a case like this. Some AA meetings would also show you are trying to ensure a similar incident won't occur.
Good luck and pl post back.