Is it likely that a shoplifting charge will be dismissed with court costs and community service if I represent myself in court?

Bankruptcy and Debt 3 views 4 answers
I made a huge mistake with some friends and I am getting charged with shoplifting ($40 from a dpt store). I was not arrested but received a summons for a show cause hearing. It is in two days and I cannot afford a private lawyer because I am a full time student with only a part-time job. I want to take responsibility for my actions but I have no previous criminal and I would like to negotiate a deal so that the charges are eventually dismissed. Should I plea not guilty and ask for a public defender? Or is there a chance that the charges will be dismissed with a fine/probation/community service even if I represent myself at the hearing?

Attorney Answers

4
Alan Brinkmeier ·
Not likely. It is not a great idea to represent yourself. You might find my Legal Guide helpful "How to Choose a Lawyer for you.” http://www.attorneyqna.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful "What Do I Tell My Lawyer"? http://www.attorneyqna.com/legal-guides/ugc/what-do-i-tell-my-lawyer
0 upvotes
Hugh Garrett 1706581.Html ·
Any time you go into court with the possibility of having a conviction on your record it is a wise move to have an attorney beside you. If this is the first court date then you could ask for the judge to grant you additional time to hire an attorney. Often stores will have their loss prevention people appear on the court date to ensure that the store's interests are represented. You could end up with a criminal record that could cause you employment problems down the road. Hire an attorney as soon as possible.
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Dominic Pang ·
I am an attorney licensed to practice in Massachusetts, and am familiar with the court system. The show cause hearing (aka clerk's hearing) is your first and best chance to resolve this matter without being arraigned. You want to avoid being arraigned because an arraignment creates an entry on your criminal record, which will stay on your record even if the matter is ultimately dismissed. The fact that you have no record, and that the amount taken was small all increase your chances of disposing of this matter at the clerk's hearing. The clerk's hearing is not the time for you to plea not guilty and ask for a court-appointed lawyer; that occurs at the arraignment, which as mentioned above, you want to avoid. There are numerous ways that a good result can be worked out at a clerk's hearing, especially when you have no prior criminal record. I have helped many people in the past at clerk's hearings and resolved their cases short of arraignment. Please feel free to contact my office to discuss your case. Best of luck,
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Henry Lebensbaum ·
Dominic is correct; Ignore the others. The option you described is probable and likely. I agree that you should consult with an attorney. Does this answer your question?
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