legal advise on changing plea

[kiowagirl22565]

What is the name of your state (only U.S. law)? NEVADA

My daughter was ticketed for petty larceny at a mall, she has $81 worth of merchandise. She has never been in any trouble before and was very scared at her arraignment; she first pled no contest, then changed to not guilty, but thinks she made a mistake and should have just pled guilty, taken her punishment and got it over with. Can she still change her plea? she has to go to court on Oct 12 and has no lawyer to represent her. we cannot afford one and she is not working now and just moved to California. She did not qualify for a court appointed attorney because she was living with me and her dad at the time and they went by our income. Please help.

 

[latigo]

The anxieties here are understandable. However, maybe you all can find some comfort in knowing that rather than a misdemeanor your daughter could have been charged with a felony, to wit: Burglary!

The crime of burglary is commonly associated with a “breaking” to gain entry. Not so!. Any entry into a building by any means with the intent to commit a crime constitutes burglary.

Also take heart in knowing that the judge will not incarcerate your daughter. Otherwise he/she would be in violation of the 6th Amendment in not appointing her a defense counsel.

And next time be sure to post such questions under “Criminal Law and Procedure”. This issue does not involve “Civil Litigation”.

 

[Rexlan]

Yes you can change the plea and should do it as "No Contest". Helpful to tell the court that your daughter realizes her mistake and that is the reason she wishes to change her plea ... it will help considerably.

There may be a civil fine involved, but aside from that she should get one mistake without getting in serious trouble. Next time if won't be as easy.

 

[kiowagirl22565]

response to legal advise on changing plea

Thank you for responding. I am glad to know my daughter can change her plea, but how do we go about that? do we wait until we go to court and ask the judge at that time?

 

[Rexlan]

That is the easiest way. When the hearing starts just request to modify you plea with your explanation.

Or, you can discuss it with the prosecutor (DA's office) today and probably take care of it and avoid court all together. You can also do that before the hearing at the courthouse.