To SeniorJudge, your opinion please!!

[CuriousInNH]

What is the name of your state?New Hampshire is the State of record.

I posted this the other day and no one responded and after reading your previous posts, I respect your opinion..plus we are running out of time. Her arraignment is scheduled for 8:30am, tomorrow, Friday March 25th....

My question regards my wife, who was employed at a large national retailer. She was caught at the close of business, during a random bag check, with approximately $40. worth of clothing that she didn't pay for...
Stupid, yes, but she had no criminal record. She has never done this kind of thing before.
The store security made her write down on a pad of paper, the things she took, then sign the bottom of the paper. No legal documents were signed. No videotape was mentioned.
A bench warrent was issued and she went to the police station for processing, where I posted the required bail, and she was home two hours later.
It has been suggested to me, that at the arraignment, my wife should plead "Not Guilty", then we could maybe talk to the Prosecutor about a plea bargain of a fine or community service.
My wife would like to just plead guilty and be done with it.
What would be the best course of action...? Is there any way that we could avoid having a permanent police record? Any info you could give us would be greatly appreciated.

Originally Posted by CuriousInNH

What is the name of your state?New Hampshire is the State of record.

I posted this the other day and no one responded and after reading your previous posts, I respect your opinion..plus we are running out of time. Her arraignment is scheduled for 8:30am, tomorrow, Friday March 25th....

My question regards my wife, who was employed at a large national retailer. She was caught at the close of business, during a random bag check, with approximately $40. worth of clothing that she didn't pay for...
Stupid, yes, but she had no criminal record. She has never done this kind of thing before.
The store security made her write down on a pad of paper, the things she took, then sign the bottom of the paper. No legal documents were signed. No videotape was mentioned.
A bench warrent was issued and she went to the police station for processing, where I posted the required bail, and she was home two hours later.
It has been suggested to me, that at the arraignment, my wife should plead "Not Guilty", then we could maybe talk to the Prosecutor about a plea bargain of a fine or community service.
My wife would like to just plead guilty and be done with it.
What would be the best course of action...? Is there any way that we could avoid having a permanent police record? Any info you could give us would be greatly appreciated.

Q: What would be the best course of action...?

A: That is completely up to your wife; from the facts in your post, it sounds like she is definitely guilty, so if she plead guilty, then she would get it over sooner.


Q: Is there any way that we could avoid having a permanent police record?

A: Yes, if you ask the prosecutor for a deferred sentence (or whatever they call it in your state). She would be placed on unsupervised probation for a certain period of time and, if she successfully completed the probation, then she would not have a conviction on her record. This is a VERY GENERAL explanation of how this works. Ask the prosecutor for details. Of course, a background check done by a private agency may always show this arrest (which private employers are not supposed to ask about anyway).

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.

Bathe and wash your hair.

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.


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 is pregnant/sick/dying/dead/crippled 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.

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.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Other people may give you other advice; stand by.



[url]http://forum.freeadvice.com/showthread.php?p=839424#post839424[/url]

standard shoplifting answer

Be prepared for your shoplifting conviction to hinder your job opportunities.

There are thousands of questions similar to yours on this forum.

Stand by; others may have advice also.

[CuriousInNH]

Thank you for your prompt reply..

Is there any benefit or detriment to pleading not guilty..?

Originally Posted by CuriousInNH

Thank you for your prompt reply..

Is there any benefit or detriment to pleading not guilty..?

Q: Is there any benefit or detriment to pleading not guilty..?

A: If you plead not guilty, you will get a trial. Whether you consider that a detriment or benefit is up to you.

[conflix]

Originally Posted by seniorjudge

Q: Is there any benefit or detriment to pleading not guilty..?

A: If you plead not guilty, you will get a trial. Whether you consider that a detriment or benefit is up to you.

Plead not guilty and ask the judge to schedule a "plea conference" with the DA. Depending on the policies of the DA, she could get off with a smack on the wrist and walk away with a clean record if she stays out of trouble for a period of time prescribed by the court...usually six months.

Disposing of a case in this manner is called ACOD...Adjournment in contemplation of dismissal.

If she gets caught again, ever, lose her.