LEAGAL QUESTION

[lildeb]

YES I NEED TO KNOW WEATHER OR NOT THAT I AM LOOKING AT ANY JAIL TIME FOR MY FIRST OFFENCE OF PETTY THEFT OR NOT? YES I WAS ARRESTED FOR PETTY THEFT AND I WAS ITTED WITH A MIS. TICKET AND NOW I HAVE TO GO TO COURT ON FRI AND I WAS JUST WONDERING WHAT TO EXPECT?
I HAVE ALREADY PAID FOR THE THINGS THAT I HAD TAKEN SO AS FOR THE STORE THERE IS NO RESTITUTION BUT WHAT I REALLY NEED TO KNOW IS IF THERE WILL BE ANY JAIL TIME INVOLVED? PLEASE HELP ME PLEASE!!!!!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lildeb:
YES I NEED TO KNOW WEATHER OR NOT THAT I AM LOOKING AT ANY JAIL TIME FOR MY FIRST OFFENCE OF PETTY THEFT OR NOT? YES I WAS ARRESTED FOR PETTY THEFT AND I WAS ITTED WITH A MIS. TICKET AND NOW I HAVE TO GO TO COURT ON FRI AND I WAS JUST WONDERING WHAT TO EXPECT?
I HAVE ALREADY PAID FOR THE THINGS THAT I HAD TAKEN SO AS FOR THE STORE THERE IS NO RESTITUTION BUT WHAT I REALLY NEED TO KNOW IS IF THERE WILL BE ANY JAIL TIME INVOLVED? PLEASE HELP ME PLEASE!!!!! <HR></BLOCKQUOTE>

My response:

It is highly doubtful and unlikely you'll spend any time in jail for petty theft. However, you will more than probably draw community service time and court costs. Along with that, you'll receive stiff probation instructions and orders. If you fail in any of these respects (even a teeny, tiny bit) it'll be Alcatraz Island for you. How are you with birds?

Good luck

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 09, 2000).]

 

[lildeb]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

It is highly doubtful and unlikely you'll spend any time in jail for petty theft. However, you will more than probably draw community service time and court costs. Along with that, you'll receive stiff probation instructions and orders. If you fail in any of these respects (even a teeny, tiny bit) it'll be Alcatraz Island for you. How are you with birds?

now seriuosly are serious? isent alcatraz closed? please reply thanks ...Deb
Good luck

IAAL

<HR></BLOCKQUOTE>

 

[lildeb]

just can you tell me what is going to happen on the first day? and what should i say when i go on the first day of court? should i ask a laywer go with me or is it not necessary? now i really need to know on what do i say when the judge calls me up ?please tell me this is new for me please? thanks so much for your help and advise..... lildeb

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lildeb:
just can you tell me what is going to happen on the first day? and what should i say when i go on the first day of court? should i ask a laywer go with me or is it not necessary? now i really need to know on what do i say when the judge calls me up ?please tell me this is new for me please? thanks so much for your help and advise..... lildeb<HR></BLOCKQUOTE>

My response:

There's no way anyone can "script" this out for you, but basically, if you haven't been to court at all, up to this point, you're going to what is called your "Preliminary Hearing." You'll be asked to enter a plea: Guilty, Not guilty, or Nolo Contendere. However, before entering a plea, the judge will see you standing there by yourself, and probably ask you if you were given your Miranda Rights. You remember, it goes something like the following:

1. You have the right to remain silent and refuse to answer any questions.

2. Anything you say may be used against you in a court of law.

3. As we discuss this matter, you have a right to stop answering my questions at any time you desire.

4. You have a right to a lawyer before speaking to me, to remain silent until you can talk to him/her, and to have him/her present when you are being questioned.

5. If you want a lawyer but cannot afford one, one will be provided to you without cost.

6. Do you understand each of these rights I have explained to you?

7. Now that I have advised you of your rights, are you willing to answer my questions without an attorney present?

It's number 5 you may be most interested in. Since it sounds like you haven't spoken to or retained an attorney up to this point, and if you can't (not merely unwilling to pay) afford one, the judge will have your case assigned to the Public Defender's Office. You will then be represented by counsel, and the judge will set a new date for a Preliminary Hearing, for entry of your plea. At that time, and if the Prosecution (the bad attorney) does not object, your current bail will be continued, or the judge could set you free on your own recognizance (called "O.R." - - and exonerate the bail, taking the bondsman off the hook). You will then be ordered to return to court on a date certain.

Good luck, and if you can afford an attorney, I strongly suggest that you do so.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[lildeb]

so why cant i enter a plea on that day? after all i was guilty and the police officer did give me a ticket! what if i do will i get into more trouble? and why do you strongly suggest on me getting a lawyer? now you are seriously scaring me why? thanks lildeb

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lildeb:
so why cant i enter a plea on that day? after all i was guilty and the police officer did give me a ticket! what if i do will i get into more trouble? and why do you strongly suggest on me getting a lawyer? now you are seriously scaring me why? thanks lildeb<HR></BLOCKQUOTE>


My response:

Sure, you can plead guilty if you want, and "throw yourself on the mercy of the court." No, you won't get into any more trouble for pleading guilty; e.g., this is not a "capitol crime." However, you want to make sure that all of your Constitutional Rights are being protected. Also, your attorney can discuss a reduced "recommended sentence" (plea bargain) with the prosecutor, or even have the whole matter dropped altogether (not likely, but it is possible). You may have also have a legally congnizable defense to this matter, despite the fact you "think" you're guilty. Further, there is still a small possibility that if you represent yourself, and plead guilty, you could spend a little time in jail, and you should want to get as much ammunition and protection on your side to help prevent that. I mean, the fines, the probation, the community service - - that might be okay; but, jail time? While I believe the chances are very small, there's always that possibility. You and I don't know the judge, and a courtroom is no place to be playing "Russian Roulette." In other words, only your attorney can tell you what to expect and what will happen with various choices that you'll make. The attorney also knows the judge - - is he fair? Does he listen? Or, is he a "hanging judge."

I don't mean to be unsympathetic toward you, but whether or not this "scares" you is of no importance to me, or anyone else. You shouldn't have allegedly committed the crime in the first place - - so, if things "scare" you, so be it.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 10, 2000).]