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Class B Misdemeanor - Theft of Services

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ndsustudent2009

Junior Member
I'll start by filling in some background information that might help things make more sense.

I'm a college student at NDSU in Fargo, ND. Due to a lack of available parking permits ($110/year), I decided in my infinite wisdom to counterfeit one. I knew this was not a good idea, so it came as no surprise to me that I was eventually caught using it.

I used the permit from September 2007 until January 28th, 2008, when I was issued a parking citation (for not having a permit) as well as notice that I had to surrender the parking permit. I promptly paid the ticket (issued by the City of Fargo), met with campus police (who act as a branch office of the city police) and surrendered the parking permit the same day the citation was issued.

During this meeting (which was very informal, only one officer, no rights declaration, etc.), I asked if any further actions (criminal or university sanctions) would be pursued and was told that everything would be cleared if I paid the ticket and turned the parking permit over (which I did both). My father, who owns the car in which the permit was used, also asked the officer about this issue and was told the same thing. Feeling like the bad situation was behind me, I moved on.

Fast forward to today (3/6/08) when I received a letter in the mail from the City of Fargo. Inside this letter was a summons to court for a "theft of services" - a Class B Misdemeanor. I was puzzled by this, so I called the person who sent the letter and told him the back story. He told me to contact the city prosecutor, which I did. They gave me the run-around and now will be getting back to me at some point in time on Friday with more information.

My question is, what should I be expecting? Can the city really pursue this case despite an officer telling me and my father that everything was taken care of? If this does go to court, what is the most probable scenario? And most importantly, if the city does pursue this case, should I get an attorney?

Thank you,
ndsustudent2009
 
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Ame

Junior Member
Get an atty

Just becasue things were settled with the campus security/police, it doesn't mean the city can't charge you with a crime. The crime is theft of services because you fraudulently obtained a service that everyone else has to pay for. In most states, this is a misd., which means you could ultimately serve time in jail for the offense. In all misd. cases, you are entitled to an atty "and if you cannot afford one..the court will provide one for you". If the campus security/police did not advise you of this, you were either not under arrest/in custody or, they may not be actual state recognized law enforcement, but they can still report the crime to the police just like a citizen would. If you are facing a misd. charge, I would get an atty. Keep in mind that an atty can't make the charges go away unless it is an unlawful or unfounded charge, which it doesn't sound like the case, but he may be able to get you a reduced charge with only a fine and probation.
 

ndsustudent2009

Junior Member
I just thought I'd update this for future reference for others.

I met with several defense attorneys who all basically told me the same thing. I could plead not guilty, take it to district court, basically waste the state's resources and possibly get a deferred imposition. More than likely, though, I'm still on the hook for fines and obviously the lawyer fees.

Second, I could plead guilty. Because it's a first time offense and I am active in the community, more than likely I'll get a fine (less than $1000, but closer to $250) and possibly community service. As I was never arrested in the first place, jail time will almost certainly be a non-issue.

Overall, I've been told that if the prosecutor's office really wanted to make this a big deal they would have sent it directly to district court and charged me with something different.

Based on everything, I'm going to go in and plead guilty. I've been told to be forthright and honest with any questions the judge may ask me. Does anyone have any other suggestions on how I should prepare for court?
 

Ame

Junior Member
Sounds like a good idea. I would still talk to an atty to make sure you don't don't get screwed with your charge. Good luck.
 

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