Expert: Robin Sexton - 4/22/2008

Question
QUESTION: Hi-
I was embarrassingly picked up for shoplifting something (worth $126) from a department store yesterday. I have no idea why I did it and I am so ashamed of this whole thing.  Anyway, I was taken in handcuffs to the police station, put in a cell and then taken to a court commissioner.  She told me I was free to leave and set a court date.  I know you are unable to comment on sentencing for particular cases and I'm not sure that you would be able to provide me with any information for this one but I thought it would not hurt to ask...  I have never been arrested for anything.  I do not even have so much as a speeding ticket on record.  All the research I have done on the internet suggests that this is a misdemeanor and I could get jail time.  I am just wondering if this is something, in your experience, that usually warrants jail time.  Also, is this something that would be worth the expense to hire a lawyer about?  Money is tight but I do not think I would qualify for a public defender.  Any thoughts you may have regarding this awful situation would be welcome.  Thanks so much.

ANSWER: Helene,

The embarrassment is probably the worst part.  First time misdemeanors do not normally warrant jail.  Most courts will offer first time offenders several possible avenues short of just pleading guilty to the offense as charged.  These are called alternative pleas, they range from  taking a plea under advisement by the court to a suppressed record.  Some jurisdictions actually allow the prosecutor to handle a type of probation so the case never even goes to court.
    I understand that money is tight but your best value would be to contact a local attorney that is familiar with your local courts criminal procedures.  They can best advise you as to the possibilities that exist in your area and if you qualify.  If the attorney negotiates with the prosecutor for you then you can avoid some attorney fees as the defense attorney does not have to appear in court.  Public defenders are very use to this type of situation and can give really give good advise.  Most courts allow you to pay back the defender service with payments.
    Take a deep breath,I understand that to you personally this is a very significant and serious event to you.  However to those on the criminal justice side this is very minor, very common and very easy to work with.  Especially with someone that has a good attitude about it which you appear to have.

Good Luck


Robin

---------- FOLLOW-UP ----------

QUESTION: Thanks so much for the info...  Feeling much better now!  One more thing, do you know if the public defender is needs-based or can anyone obtain one?  
Also (ok, two more questions), do you know if there is a way that this would not end with a criminal record?  I work for an international company and am worried about repercussions.  Is this something I need to tell anyone about or would I be able to keep it quiet?
Thanks so much for your time.
Helene

Answer
Helene,

Usually Public defender is need based  However the variables differ greatly form place to place. Where the need really matters would be in the payment rate.  Go ahead and ask for one you have nothing to loose.

Like i mentioned before there are potentially  a number of different alternative pleas.  If they allow the plea to be taken under advisement or some other similar program the charge is dismissed and there is no record after probation is completed.  That is why you really need to consult with a local attorney to find out was is customary and possible in your area.  Sorry I wasn't more clear before.


Good luck


Robin