An arrest for the 1st time offender for a petty theft (shoplifting) of jewelry accessories (earrings) worth about $100 ending with the court date for 20year old person. A person wanted to give a teen friend who become paralyzed a birthday gift to cheer her up. A person had items in her possession (purse) and had no money but reluctant if she should do it. A person then walked toward aunt who happened to look at clothing merchandise close to the exit to ask for money but got caught before (did not exit yet).
1) What will happen at the court ?
2) What will the judge do or ask about?
3) Does this person need a lawyer to go with ?
4) Will a person have a permanent record,if so, how bad is it for future education and career?
5) What is the best of your advice, should she explain her intention
You'll appear for your arraignment, at which time your choices will be: 1.) Plead guilty and receive nothing more than a fine (but there are penalty assessments added to the fine - which increases the total amount dramatically - ask for community service as an option); 2.) Ask for an extension in order to hire an attorney; 3.) Ask for the public defender if you qualify (financially speaking - i.e. - no job, homeless, etc.). The optimum outcome is that you enter a plea to a lesser charge (e.g. a 'trespass' - 602(j) of the penal code) - since a conviction for the crime of theft is a 'moral turpitude' offense and can have adverse consequences regarding employment. If you do end up pleading guilty to theft; make certain you successfully complete probation and, having done so, file a petition for dismissal, cleaning up your record. Good Luck!
1) What will happen at the court? – Your first court appearance is your arraignment. There you will be informed of the charges that are against you and the maximum sentence you could receive.
2) What will the judge do or ask about? – If you cannot afford an attorney you will ask the judge to appoint the public defender to represent you.
3) Does this person need a lawyer to go with? - If you can afford an attorney I would hire one now to appear with you in court and assist you in the case.
4) Will a person have a permanent record, if so, how bad is it for future education and career? – Its bad. It will prevent you from getting jobs; hurt your chances of getting in schools and potential career.
5) What is the best of your advice, should she explain her intention – I would hire an attorney to assist you. A petty theft charge will not have significant jail time (if any) but the future ramifications will affect you for years to come. A skilled attorney can typically negotiate a deal with the prosecutor to have the charges dismissed or significantly reduced. You are far better of spending money now to avoid a conviction than paying for it in the loss of jobs and income in the future.
Robert Driessen
You will enter a plea at the first appearance and your lawyer/public defender will be given the police report and other discovery.
The judge will not ask you any questions if you're represented. If not represented, he'll ask you how you plea.
The person should have a lawyer, if he/she can't afford one a public defender will be appointed to represent him/her.
A conviction will be permanent -- in the sense that it is always accessible to the police -- and priorable for 7 years. It can be expunged after completion (or early termination) of probation. This means that you do nto have to admit the conviction on a job or school application.
Many jurisdictions have shoplifting diversion programs for first time offenders. Go to some classes, do some community service and at the end of probation your case is dismissed if you do not violate probation.
Edward J. Blum
