How Things Work for Shoplifters

[LPCap]

Try just talking to the judge about it. I am sure they will explain your options. Also, if you don't like the sentence you receive, appeal it. Just go to the clerks office and note an appeal. Then hire a lawyer. If you can't afford a lawyer, search around for the best "deal" the courts offer.


Did you mention you were in Kansas? Also, the LP guy might not show up and the case might not go forward without him as a witness.

Let us know what happens.

[seniorjudge]

Try just talking to the judge about it. I am sure they will explain your options. Also, if you don't like the sentence you receive, appeal it. Just go to the clerks office and note an appeal. Then hire a lawyer. If you can't afford a lawyer, search around for the best "deal" the courts offer.


Did you mention you were in Kansas? Also, the LP guy might not show up and the case might not go forward without him as a witness.

Let us know what happens.

You really should add a note to your posts that you have no idea what you are talking about and just taking a wild guess.

[LPCap]

You really should add a note to your posts that you have no idea what you are talking about and just taking a wild guess.

Explain yourself?

[LPCap]

Not that I have to justify myself to some self proclaimed internet judge, but here it goes.

The OP does not have a lawyer and the court date/time is quickly coming up. (IE in a few hours).

When their case is called, the judge will ask about the case. If the LP guy does not show (yes this does happen) the courts have the option of nolle pross"ing" the case. They might also continue it to a new court date to try and get the case resolved again.

Ok, LP guy is there and court is going forward. The OP can ask the judge to explain what is going to happen to them. This isn't communist China where they just lock you up without a fair trial. The OP has to understand everything that is going on and real judges know this.

Let's say the judge sentences the OP to 100 days in jail. Obviously this is not a good sentence for the OP, so the OP should head to the back and appeal their case. But, lets say that the OP is sentenced to 100 hours community service, this may be a good deal. So the OP does not appeal.

Let's say that the OP appeals their case and it is set before another judge. This time, I would a suggest bringing a lawyer to court and seeing if they can "work their magic". But again the OP cannot afford a lawyer, so the OP does some research through public court records and finds suitable cases which have suitable punishments. The OP then presents it to the court and asks for that punishment.

yea...

[aaron]

When their case is called, the judge will ask about the case. If the LP guy does not show (yes this does happen) the courts have the option of nolle pross"ing" the case. They might also continue it to a new court date to try and get the case resolved again.

We were not told what type of hearing this is, but it is probably an arraignment. No witnesses are required to be present at an arraignment, and in some courts there isn't even a prosecutor present. The court does not have discretion to unilaterally dismiss charges at arraignment if a witness doesn't appear, as no witnesses are required to appear.

Also, only a prosecutor can "nolle prosse" a prosecution. "Nolle prosse" or "nolle prosequi" refers to a prosecutor's application to a court to discontinue criminal charges.

[LPCap]

Also, only a prosecutor can "nolle prosse" a prosecution. "Nolle prosse" or "nolle prosequi" refers to a prosecutor's application to a court to discontinue criminal charges.

If the state (the prosecutor) has no witness present, 9 times out of 10 they nolle prosse the charges. This just means that at the time, they are not interested in pursuing charges. This does not mean that charges cannot be filed again at a later date.

[aaron]

If the state (the prosecutor) has no witness present, 9 times out of 10 they nolle prosse the charges. This just means that at the time, they are not interested in pursuing charges. This does not mean that charges cannot be filed again at a later date.

If you wish to discuss criminal procedure in the abstract, you should start a separate thread. But no, witnesses are not required at arraignment (or pretrial hearings), and is is not reasonable to expect that a prosecutor will dismiss charges at a hearing where no witnesses are required to attend on the basis of the nonattendance.

[seniorjudge]

If the state (the prosecutor) has no witness present, 9 times out of 10 they nolle prosse the charges. This just means that at the time, they are not interested in pursuing charges. This does not mean that charges cannot be filed again at a later date.

You really should add a note to your posts that you have no idea what you are talking about and just taking a wild guess.

And, yes, you have outed me. I am not a cranky old redneck judge.

I am, in truth and fact, a secret agent for Interpol, stationed in Monaco.

It's a tough life.

[aaron]

I am, in truth and fact, a secret agent for Interpol, stationed in Monaco.

It's a tough life.

Secret agent seniorjudge.

[LPCap]

If you wish to discuss criminal procedure in the abstract, you should start a separate thread. But no, witnesses are not required at arraignment (or pretrial hearings), and is is not reasonable to expect that a prosecutor will dismiss charges at a hearing where no witnesses are required to attend on the basis of the nonattendance.

We do not know if it was an arraigment or not. If it was the actual trial and the witnesses did not show, what would you expect the state to do?