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I'm going to an intake hearing for a shoplifting charge. I don't have a lawyer. What should I do?
Anonymous3 views4 answers
What can I say so I don't go to jail? My hearing is on Friday and any advice would be gratefully appreciated.
I was caught shoplifting back in October. The police came, I wrote/signed a statement, sent and paid a restitution bill, then got sent a summons on December 28. I went to the courthouse and they told me I could get interviewed for a defender at the intake hearing. So I waited. I now realize this was a bad idea. I have a decent job and I'm pretty sure I won't get a public defender. I'm 25 years old, and this is my first offense.
You should interview to be considered for a public defender or contact a private attorney for a consultation regarding your case.
You can't really "talk" your way out of jail. If you plead guilty or are found guilty after a trial, whether you go to jail or not depends on different factors including the specific facts of your case and your criminal history if any. An experienced attorney knows how to present things in your favor to the prosecutor and to the court.
The "intake" hearing is merely an arraignment. The court uses it to advise you of the charge and take your initial plea -- which should be "not guilty." (You can change that plea later, if you and your lawyer decide it's the right thing to do.)
I never advise a client to go to court without a lawyer. If you retain a lawyer, most courts will let the lawyer waive the arraignment, so you and the lawyer don't have to attend. But you have to retain counsel before the hearing for that to happen.
If you do not have a lawyer to waive the hearing, you must attend or the court will issue a warrant for your arrest.
If you go to court without a lawyer, plead not guilty and ask for a jury trial (which will happen unless you waive your right to a jury trial, which you should not do at this point). The court will give you another date to come back for a pretrial hearing. That will be a couple of weeks out, so you'll have time to retain counsel before then. But get going on contacting the lawyer you want, so they have time before the next hearing to prepare and confer with you.
An intake hearing in Seattle Municipal court is actually an arraignment. At the arraignment hearing you will be given a copy of the charging document, be advised by the court of the maximum and minimum penalties for the charge, and be asked to enter a plea of guilty of not guilty.
To preserve all your options, a plea of not guilty would be the best choice. You should then seek the assistance of competent legal counsel. In my experience, a misdemeanor charge of theft can often be dismissed.
The intake hearing is just your first court appearance. If you're interested in retaining a private attorney, just tell the Judge that you're maintaining a not guilty plea and that you would like additional time to hire an attorney. They will continue your hearing on a future date. This would give you additional time to speak with and interview other attorneys.
