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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 06-29-2005, 10:31 AM
Junior Member
 
Join Date: Jun 2005
Posts: 1

What to expect? Theft


What is the name of your state?Kentucky

I stole 2 colognes from a store. I have never been in trouble before. I know it was dumb. When they approached me I gave them the colognes back without arguing. I was escorted to the police station where they filled out paperwork. This whole time they never read me my rights. They released me, and a 1/2 hour after they released me I returned to the station because I thought they kept my ID. When I got there the arresting officer said "Oh Yeah, I forgot to read you your rights". He took me in a room and read them to me, and then said " you don't really need a lawyer I am not going to ask you anything, I just need to get this done for procedure". My questions are: 1. Will them not reading me my rights until after my release help with my punishment? 2. What will punishment more than likely be? 3. Will I get a criminal record now? 4. If I have no way to pay a huge fine, what will they do? 5. I don't have a lawyer, do I need one, or will this be a slap on the wrist? In other words, if I plead guilty, which I am, will my punishment be more or less? Thanks
  #2  
Old 06-29-2005, 11:14 AM
Senior Member
 
Join Date: Apr 2005
Posts: 1,140
Quote:
Originally Posted by brandy_m_f
My questions are: 1. Will them not reading me my rights until after my release help with my punishment?
Nope. They have to advise you of your rights if they subject you to interogatory questioning. No questions, no need to read rights.
Quote:
2. What will punishment more than likely be?
We have no way of knowing. If it's the first time, possibly a fine or probation.
Quote:
3. Will I get a criminal record now?
That depends on what your state records. If this was a municipal citation, probably not.
Quote:
4. If I have no way to pay a huge fine, what will they do?
We can't predict that.
Quote:
5. I don't have a lawyer, do I need one, or will this be a slap on the wrist?
If you plan on pleading guilty as you state below, an attorney may be able to negotiate a better sentencing deal than you could on your own. If this is a criminal charge, he may be able to get it reduced to a civil forfeiture.
Quote:
In other words, if I plead guilty, which I am, will my punishment be more or less? Thanks
Prosecutors will often negotiate lower sentencing recommendations for a guilty plea. Talk to them, see what they're do. Bear in mind, they are ONLY recommendations. The Judge is not bound by them. He can sentence you to whatever he sees fit. Most of the time, the judges do go along with the plea agreements
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