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Guilty or No Contest [PLEASE HELP, COURT TOMORROW]

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R

Rol

Junior Member
What is the name of your state (only U.S. law)?
I am 17 and live in South Carolina. I was charged in October with a shoplifting misdemeanor under $2000. Although I do acknowledge that all facts presented to me are true, I do not know if I should plea guilty or no contest. I was found shop lifting from a major corporation, but it was on Government property (Air Force Base). I am not trying to get out of this, I am only trying to find the most beneficial route. Please and thank you to any one who spends the time to read this.
 


R

Rol

Junior Member
Zigner said:
Ask your parents for help.
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I kind of wish that was an option, but after what happened, its been kind of a "you're an adult now, you have to deal with it" kind of thing. And since college is around the corner and assuming there will be court fees, my parents were not paying for an attorney.
 
Zigner

Zigner

Senior Member, Non-Attorney
Rol said:
I kind of wish that was an option, but after what happened, its been kind of a "you're an adult now, you have to deal with it" kind of thing. And since college is around the corner and assuming there will be court fees, my parents were not paying for an attorney.
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See, the thing is that you are NOT an adult.
 
T

tranquility

Senior Member
The difference between guilty and no contest gets to civil remedies. While I suggest you get an attorney before making a plea, I don't think there is a difference between the two for your situation. If you don't want to plead guilty, don't plead no contest. But, since no contest has an additional protection, if you're going to plead guilty, better to plead no contest unless you have a deal on the table.

But, get an attorney.
 
quincy

quincy

Senior Member
I recommend you plead "not guilty" at your arraignment. A new hearing will be scheduled. During the time between this first court appearance and the next hearing, find yourself an attorney.

There is the possibility that the criminal charges you are facing can be dismissed, if this shoplifting is your first crime. South Carolina offers a "diversion" program, that allows for you to avoid a criminal record if you satisfy certain terms of the program. The terms will probably include community service hours. The best way to keep from having a misdemeanor on your record will be with an attorney's help - the attorney can let you know if you are eligible for the program or, if not, if charges against you can be reduced.

The misdemeanor - see S.C. Code Ann §16-13-110 (B)(1) - comes with a fine of up to $1000 and you can be sentenced to 30 days in jail. The worst part of being convicted of a misdemeanor is not the fine or the jail time, however. A misdemeanor can affect your post-high school educational opportunites, your employment opportunities, scholarships and loans, insurance premiums, loan interest rates, travel plans (Canada, for example, can deny entry). You do not want to have a misdemeanor if there is any way you can avoid it.

I suggest you shop around for a criminal defense attorney in your area. In the long run, the amount you pay for the attorney today will wind up being less than the cost to you in the future if you do not have an attorney and are convicted on the shoplifting charge.

If there is absolutely no way for you to hire an attorney, ask the court to appoint one.

As an additional note, a civil action can be filed against you.

Good luck.
 
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B

Banned_Princess

Senior Member
Isn't it true, that the court might make the parents get the kid a lawyer, as opposed to appointing one?

You should ALWAYS plea "not guilty" until you know where you stand with what the DA and judge wants to do.

Sometimes the arraignment judge will not allow anything except not guilty until a lawyer can be obtained.
 
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