Grand Larceny Case

[Nisha_32]

Charged with a grand larceny 2 months ago in Loudoun County VA. Total concealed amount was $420. First time charge with no previous arrest record. Cooperated with the store security officer and cop and been honest about this incident. Lost job after reporting this to the employer (a government agency). Attending counceling session ever since the incident. Attained a lawyer who said will keep me out of prison first but now 3 days before the court day is saying public defender is a tough one and will go for felony but may come down to misdemeanor (low chance). Can any anyone provide me some advice?? Can this be dismissed or put on nolle pros?? Not sure if I should hire another lawyer. I don't know much about the court process. Already on the street and without a job.

[FlyingRon]

You don't mean the Public Defender, you mean the Commonwealth's Attorney.

If the prosecution is hard-assed there's no chance in hell it will get nolle prosqui'd or dismissed. Just because you cooperated isn't going to make a felony go away. Your best bet is to listen to the lawyer and negotiate it to a misdemeanor and probation rather than jail time.

[Antigone*of*Greece]

Originally Posted by Nisha_32

Charged with a grand larceny 2 months ago in Loudoun County VA. Total concealed amount was $420. First time charge with no previous arrest record. Cooperated with the store security officer and cop and been honest about this incident. Lost job after reporting this to the employer (a government agency). Attending counceling session ever since the incident. Attained a lawyer who said will keep me out of prison first but now 3 days before the court day is saying public defender is a tough one and will go for felony but may come down to misdemeanor (low chance). Can any anyone provide me some advice?? Can this be dismissed or put on nolle pros?? Not sure if I should hire another lawyer. I don't know much about the court process. Already on the street and without a job.

If you are on the street, maybe two hot's and a cot might not be such a bad idea?

[Nisha_32]

Originally Posted by FlyingRon

You don't mean the Public Defender, you mean the Commonwealth's Attorney.

If the prosecution is hard-assed there's no chance in hell it will get nolle prosqui'd or dismissed. Just because you cooperated isn't going to make a felony go away. Your best bet is to listen to the lawyer and negotiate it to a misdemeanor and probation rather than jail time.

Thank you Ron for your reply. Yes I meant Commonwealth's Attorney. As I mentioned, I have no prior records. I have seen by a licensed counselor in the last 2 months who evaluated there are prolonged depression in my life that might have caused me to take this action. Then I have the termination letter from my employer. Wouldn't all these factors matter in this case? What about the actual evidence on this case...perhaps miscalculation on the larceny amount or proof that I took all those items (which btw were found w/o tags) on that particular day? I feel going right to a plea burgain without looking at all the evidence clearly won't result in my favour.

Even if the Commonwealth's attorney is a hard ass, isn't the final decision made by the judge? If the attorneys can't come to an agreement, this will go on a trial right? Do you know anything about deffered program in VA? I am afraid my attorney is going for a plea burgain and that will be end of this case.

[Blue Meanie]

Originally Posted by Nisha_32

Thank you Ron for your reply. Yes I meant Commonwealth's Attorney. As I mentioned, I have no prior records. I have seen by a licensed counselor in the last 2 months who evaluated there are prolonged depression in my life that might have caused me to take this action. Then I have the termination letter from my employer. Wouldn't all these factors matter in this case? What about the actual evidence on this case...
.

Wow. You really think that any Judge would consider depression in his deliberation of your sentencing of your crime? Seriously? Many people suffer from depression and do not commit felony's. Every day. Really.

Find another reason for your crime.

[FlyingRon]

If will go to a judge deal or no deal. If you have a deal, it just ends up being more or less of a formality with the judge. Depression is not justification or even mediation for larceny. You're going to have to see what your lawyer works out. I suspect that it's quite possible you might avoid jail, but I wouldn't get my hopes up other than that. The chances of avoiding conviction entirely are near nil.