Class 1 Misdemeanor Larceny

[sinthome]

What is the name of your state (only U.S. law)? NC, Buncombe Co. (Asheville)

Hi, I was charged with Class 1 Misdemeanor Larceny for a $30 value shoplifting arrest at a major box store. I went to my arraignment and opted to represent myself, having heard that in NC one has to pay for court fees (incl a court appointed attorney). After seeing the judge and being given a trial date I learned about the Nuisance Court for small offenses. I called a lawyer and they were confident that I would qualify (it is my first offense) but wanted $500 for the privilege. I can't possibly afford it (having waved the $60 court attorney) and am wondering if I can somehow contact the DA on my own or otherwise request that my case be moved to the Nuisance Court (http://www.ashevilledowntown.org/nuisance-crimes-court). Is there anything I can do, short of paying the lawyer cost? Also, if there is nothing I can do before my trial date, if I show up in court what is likely to happen? Will I have any opportunity to ask to be moved to Nuisance Court then? I feel that decent legal defense should be free and available to everyone, not just the wealthy. Thanks.

 

[sinthome]

Can anyone help? My trial date is coming up soon!

 

[TigerD]

Can anyone help? My trial date is coming up soon!

You already refused competent help. Don't fold now. Stand on your principles.

DC

 

[FlyingRon]

It's definitely worth a shot to move the case to nuisance court. I'd contact the DA and see if he'll do it. If not, it would be worth a lawyer to do so.
Nuisance court would be the best bet, a PJC in the regular court would be the next. I'd not show up in regular court without counsel for sure. Guess what: yes you do have to pay court fees when you're guilty (or dodging a guilty verdict in Nuisance court or a PJC) whether you have an attorney or not and you have to reimburse the state if you use a PD and lose. But we don't have debtor's prisons here. They'll put you on a payment schedule.

 

[sinthome]

Thanks, Ron. Is there a way to go about contacting the DA myself? Should I just show up on my court date and ask the DA when checking in to move my case to nuisance court and, if they say no, ask for a PJC? If they say no to that, can I refuse to go into the court room without a lawyer and have one appointed by the court (even though I declined to have one at my arraignment)? Thanks for the help. Also, "debtcollector" go troll somewhere else.

 

[Ladyback1]

What is the name of your state (only U.S. law)? NC, Buncombe Co. (Asheville)

Hi, I was charged with Class 1 Misdemeanor Larceny for a $30 value shoplifting arrest at a major box store. I went to my arraignment and opted to represent myself, having heard that in NC one has to pay for court fees (incl a court appointed attorney). After seeing the judge and being given a trial date I learned about the Nuisance Court for small offenses. I called a lawyer and they were confident that I would qualify (it is my first offense) but wanted $500 for the privilege. I can't possibly afford it (having waved the $60 court attorney) and am wondering if I can somehow contact the DA on my own or otherwise request that my case be moved to the Nuisance Court (http://www.ashevilledowntown.org/nuisance-crimes-court). Is there anything I can do, short of paying the lawyer cost? Also, if there is nothing I can do before my trial date, if I show up in court what is likely to happen? Will I have any opportunity to ask to be moved to Nuisance Court then? I feel that decent legal defense should be free and available to everyone, not just the wealthy. Thanks.

You do realize that ALL Public Defenders (court appointed attorneys) are decent legal defenders? They went to the same law schools, passed the same bar exams, as every other attorney who practices! Often the court appointed attorneys, are private practice attorneys who work "pro bono" on the side out of the goodness of their heart. (those private attorneys do get reimbursed by the state/county/city etc. for their time and work, they don't cost the accused a thing!) $60 is inexpensive when you think of the hourly rate most attorneys charge!

Personally, I'd grovel to the court/judge and say you made a mistake and would like court appointed counsel.

 

[TigerD]

Also, "debtcollector" go troll somewhere else.

No trolling. You made a dumb decision. But you claim you made it on principle. I can respect that - Stand on your principles.

Or go beg to rescind your decision.

DC

 

[sinthome]

It IS trolling to not actually answer my question. This is not the space to argue about whether or not legal counsel should be free, $60 plus court fees is too expensive or if court appointed attorneys are any good. I asked clear to the point questions. If you don't have answers to those questions, please leave me alone. Thanks.

 

[Ladyback1]

It IS trolling to not actually answer my question. This is not the space to argue about whether or not legal counsel should be free, $60 plus court fees is too expensive or if court appointed attorneys are any good. I asked clear to the point questions. If you don't have answers to those questions, please leave me alone. Thanks.

And if you don't like the responses you get? Then you shouldn't post on a PUBLIC forum!
Get it? Got it? Good!

 

[TigerD]

It IS trolling to not actually answer my question. This is not the space to argue about whether or not legal counsel should be free, $60 plus court fees is too expensive or if court appointed attorneys are any good. I asked clear to the point questions. If you don't have answers to those questions, please leave me alone. Thanks.

I have the answers. And, no, I'm not sharing them with you. You felt it was necessary to share with us your opinions and principles as justification for why you made poor decisions. Standing on principle is noble. Don't wimp out now. Defend yourself. Go study and learn.

Of course, most pro se defendants lose - and lose horribly, but don't let that deter you, after all $60 for someone with at least 7-years higher education and many hours continuing education, not to mention all those years of experience, is really too much. That isn't really surprising since you also seem to think that the products sold at the store you shoplifted from should be freely available as well.

I'd normally say good luck, but I can't in this case.
Sadly, what is likely to happen is that you are going to have to pay restitution, some combination of community service, probation, and fine/court costs. You probably won't see the inside of cell, but the odds are inversely proportional to how much you shoot your mouth off in front of the judge. I rather hope you continue this attitude in front him.

DC

 

[sinthome]

Update for anyone in this situation-- I did NOT need a lawyer, I showed up on my court date and talked to the DA in front of the judge. Got it moved to Nuisance Court no problem. If I could do it over, I would have asked the DA at my arraignment and it would have avoided me the additional court appearance.