Expert: Robin Sexton - 7/30/2008

Question
What is the best plea for two non traffic violations, one retail theft of alcohol, and drunk in public.  Fingerprints were taken, and two citations were handed to me.  How should I plea, so I can mail in the citations in the next 10 days in order to be handed down a fine, and or probation (the arresting officer said if I plea guilty, this would be the case) from a judge?

Answer
Larry,

I can not ethically able to tell you or even suggest to you how to plead.  Generally speaking public intoxication is a public order offense, normally handled with a fine and credit for time served if applicable.  Theft is not normally handled with a citation but anything is possible.  Since both were handled via citation i suspect it is a pretty minor charge and what the officer told you is probably correct.  The fact that you were fingerprinted indicates that a conviction would probably be put on your record.  Those are considerations that you need to include along with any prior history, etc.  don't look short term look down the road to the next time you goof up or maybe an employment issue.  It may be worth discussing with a lawyer familiar with the sentencing guidelines and policies in your area.

good luck

robin