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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 04-05-2006, 05:57 PM
Junior Member
 
Join Date: Apr 2006
Posts: 1

what should I plea?


What is the name of your state? Hawaii

Recently I was arrested for shoplifting. I was at a local grocery store with a friend and she decided to steal a bottle of alcohol. At no point did I ever touch the bottle. I was aware of what she was doing and did answer her requests when she asked if the bottle was visible (which it was) and to fix her hood to conceal it. I know that that makes me an accompliss to shoplifting but I had no intention of stealing the bottle, but what should I plea... guilty, non-guilty, or no contest? I plan on using the available public attorney but I would like to know what to expect before the hearing is held. Do you have any legal advice as to what I should do and what I can do to help my case? I have never stolen anything in my life, which is ironic because shoplifting seems to be the first time I have ever gotten into major trouble. I havent even been punished to something as little as afterschool detention. I'm a good kid, who recently turned 18 and stuck in a bind. Any advice you can offer is greatly appreciated. Thank you for your time.
Sincerely,
KK2005What is the name of your state?
  #2  
Old 04-05-2006, 06:40 PM
Senior Member
 
Join Date: Jul 2004
Posts: 4,431
Quote:
Originally Posted by kk2005
What is the name of your state? Hawaii

Recently I was arrested for shoplifting. I was at a local grocery store with a friend and she decided to steal a bottle of alcohol. At no point did I ever touch the bottle. I was aware of what she was doing and did answer her requests when she asked if the bottle was visible (which it was) and to fix her hood to conceal it. I know that that makes me an accompliss to shoplifting but I had no intention of stealing the bottle, but what should I plea... guilty, non-guilty, or no contest? I plan on using the available public attorney but I would like to know what to expect before the hearing is held. Do you have any legal advice as to what I should do and what I can do to help my case? I have never stolen anything in my life, which is ironic because shoplifting seems to be the first time I have ever gotten into major trouble. I havent even been punished to something as little as afterschool detention. I'm a good kid, who recently turned 18 and stuck in a bind. Any advice you can offer is greatly appreciated. Thank you for your time.
Sincerely,
KK2005What is the name of your state?
First I'll post this link: [url]http://en.wikipedia.org/wiki/Accomplice[/url]

--------------------------------------

If you plead guilty, you would be looking at the following as possible punishment. As well as having it on your record.

From Hawaii statutes:

§708-833.5 Shoplifting

A person convicted of committing the offense of shoplifting as defined in section 708-830 shall be sentenced as follows:

(3) In cases involving property the value or aggregate value of which is $100 or less: as a petty misdemeanor, provided that the minimum fine shall be twice the value or aggregate value involved;

(4) If a person has previously been convicted of committing the offense of shoplifting as defined in section 708-830, the minimum fine shall be doubled that specified in paragraphs (1), (2), and (3), respectively, as set forth above; provided in the event the convicted person defaults in payment of any fine, and the default was not contumacious, the court may sentence the person to community services as authorized by section 706-605(1)(e). [L 1979, c 202, §2; am L 1982, c 233, §1; am L 1986, c 314, §67]

---------------------------------

If you plead not guilty, then they possibly will make a plea bargain with you, or you'll go to trial.
Someone broke the FA crystal ball last night, so no one can say for sure what the outcome may be.
(Not mentioning any names....)

_____________________

If you plead "No contest", also known as "Nolo contendere", you basically are not admitted guilt or denying it. If you plead that, then you will have to accept that the court may find you guilty.

---------------------------------

Listen to the public defender, and hope that you'll get the best outcome.
  #3  
Old 04-05-2006, 06:48 PM
Member
 
Join Date: Dec 2005
Posts: 124

If you say...


"I know this makes me an accomplice..." in court how will it make you look?

What makes me mad is your friend asking you to fix her hood. If that was caught on videotape how would this make you look? The videotape if there was one will not show what was really going on inside your head which I'm sure was to NOT have been involved in this in any way. It will only show you fixing her hood and looking like an accomplice.

If you are going to say things like you said above you will need a lawyer. You will probably need one anyway.

What bothers me is the position this puts you in. From the moment she told you she was stealing you are then put in a bad spot.

Which makes me curious, if she knew about her friend's stealing is she then obligated to inform store management?
  #4  
Old 04-06-2006, 03:32 AM
Senior Member
 
Join Date: Aug 2004
Location: Southern California
Posts: 2,504
Quote:
Originally Posted by rlrl
"I know this makes me an accomplice..." in court how will it make you look?
She'll look and sound as if she's telling the truth, which is of course, something rarely found in court!

Quote:
What makes me mad is your friend asking you to fix her hood. If that was caught on videotape how would this make you look?
Like someone who pays attention to detail?

Quote:
The videotape if there was one will not show what was really going on inside your head which I'm sure was to NOT have been involved in this in any way. It will only show you fixing her hood and looking like an accomplice.
Well, if the camera angle was just right and at ear height, it may see right inside,,,,,,, then out again, through the other ear.

Quote:
If you are going to say things like you said above you will need a lawyer. You will probably need one anyway.
Relax already, it's not that bad. The real mistake would be to not learn by this one and repeat the stupidity.

Quote:
What bothers me is the position this puts you in. From the moment she told you she was stealing you are then put in a bad spot.
rlrl, are you her mother? Sounds like it by the way your putting all the blame on her friend. But, if I were a betting man, I'd say her friend probably told her she was going to steal the bottle way before they got to the store.

Quote:
Which makes me curious, if she knew about her friend's stealing is she then obligated to inform store management?
No, she is not required to tell anyone. However, it would have been the right time to talk her friend out of attempting to steal the bottle, or the time to leave the store and get far away from her friend and her illegal activities!

In the future, I suggest she stay away from the alcohol. Because if she went along with this illegal activity when she was sober, there's no telling what she may have agreed to do once she was drunk....

Quote:
I'm a good kid, who recently turned 18 and stuck in a bind.
Turning 18 and being stuck in a bind is a poor excuse for stealing and as you have now found out, alcohol doesn't make any bind easier to get out of, but rather, just the opposite.
  #5  
Old 04-06-2006, 04:30 PM
Member
 
Join Date: Dec 2005
Posts: 124

Not only am I NOT her mother...,


...I am an older male who has a violation on my record from 10 years ago and has learned from my mistake. The violation could have totally ruined my life but the lord was with me at EVERY step of the way. Imagine if it was a misdemeanor or felony that i got convicted of. So far this has NOT affected my job, career or life or even my ability to find another place to live last year. It is totally amazing how things unfolded that so far it has never affected me.

I get over- excited about these things because i never knew back then the damage that a conviction can do to one's record and life. It's one thing when the defendant themselves were to blame (like i was) but when there is another person involved like there was here it gets me steamed up. Especially to a young impressionable person like in this case.

All I do every day is thank the lord and also thank NY state for giving those convicted of violations(like myself) certain rights

rlrl
  #6  
Old 04-08-2006, 12:19 PM
Member
 
Join Date: Sep 2004
Location: Almost heaven
Posts: 59
Either plead no contest and be TOTLALLY truthful, hoping that someone will be sympathetic and understanding, or plead not guilty, and hope they are lying about how much they have on video tape. The odds of this are VERY good, by the way.
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