Results 1 to 10 of 10
  1. #1
    Join Date
    Dec 2009
    Posts
    8

    Question First Offense Misdemeanor Larceny

    My question involves criminal law for the state of: NC


    So I have been charged of a Misdemeanor Larceny. This is my first time.
    My first court appearance is in Feb. 2010 and I have no clue what to expect and want to be prepared for it *yes i've read the sticky pinned topics*.
    I think I should get a lawyer since I have no clue but I can't afford one. What is the minimum it can cause to have one? And as for having a Public Defender, do I have to call ahead of time to say I need one in court? Also since I am charged, can't they appoint me a lawyer/attorney for free?

    Aside from that, I've read some stuff about "deferred prosecution", does that avoid having a criminal conviction/criminal record?

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,084

    Default Re: First Offense Misdemeanor Larceny North Carolina

    If you want to know what lawyers in your community will charge to represent you, contact some area law offices and ask. If you want to petition for a court-appointed lawyer, request a petition form from the criminal clerk's office, fill it out and submit it for review by the judge. Depending upon the charge and the policies of the county, as well as your own financial means, you may not qualify.

    A deferral typically leaves you with a criminal record, but no conviction.

  3. #3
    Join Date
    Dec 2009
    Posts
    8

    Default Re: First Offense Misdemeanor Larceny North Carolina

    ^

    is a deferral kind of like the diversion programs?


    (opps, i notice this should be in a different thread too, i apologize)

    reading through a lot of threads, i can't get a public defender/court-appointed lawyer because there is no jail time involve, correct?
    (also i'm assuming, since this is the first time, there wouldn't be jail time.. i don't know where to look or know that i would or wouldn't have jail time, to start with anyways..)

    i just don't want this misdemeanor in my records, its going to really hurt.

  4. #4
    Join Date
    Dec 2009
    Posts
    8

    Default Re: First Offense Misdemeanor Larceny North Carolina

    i didn't want to start a new thread but last week i went to my first court date and stood in front of the judge but i didn't even say anything, he looked at me and stared at my paper and just asked me if this was my first time? i replied yes and he just said to the clerk to give me a "deferred" something i couldn't hear which referred me to the CBI program. After that they gave me another court date to appear.

    my questions are:
    1) Did the judge took my standing as a guilty plead? I didn't say anything, all he did was asked me if it was my first time...
    2) Am i suppose to complete the program before my next court date or after?
    3) Why am i given another court date?

    i'm guessing after i complete this program, my case will be dismissed. my record will be clean except for my arrest which i can get expunged correct???

  5. #5
    Join Date
    Feb 2010
    Posts
    3

    Default Re: First Offense Misdemeanor Larceny North Carolina

    Did they tell you what kind of program you are supposed to complete?

  6. #6
    Join Date
    Dec 2009
    Posts
    8

    Default Re: First Offense Misdemeanor Larceny North Carolina

    yeah its called the CBI program.
    does this mean to enroll myself in it now before my next court date or wait until my next court date and then enroll?

    the paper doesn't give a phone number to call but it does state i have to past a screening test or something...

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,084

    Default Re: First Offense Misdemeanor Larceny North Carolina

    The clerk of the criminal court may be able to tell you what you need to do.

  8. #8
    Join Date
    Dec 2009
    Posts
    8

    Default Re: First Offense Misdemeanor Larceny

    should i still get a public defender or is the judge's sentence good already?
    i just want this off my record, but doing the research i find even if my case was dismissed, it'll still show up on the background check along with the arrest. can a public defender prevent this or is this as good as it gets?
    i need a job asap and waiting around to clear up this conviction is not good. i'll be sure call the court's criminal dept.

  9. #9
    Join Date
    Feb 2010
    Posts
    3

    Default Re: First Offense Misdemeanor Larceny

    After the completion of your program you can apply for expungement.

    Did you call the court clerk and get the info as to what you are supposed to do now?

  10. #10
    Join Date
    Dec 2009
    Posts
    8

    Default Re: First Offense Misdemeanor Larceny

    ^

    how long is the expungement process? correct me if i'm wrong but its only available for first time minor offenses for people under 21 in NC, i think.. (i'm 20 right now)

    but the clerk only handed me my next court date and a paper talking about the CBI program.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: First Offense Petty Larceny
    By '81 in forum Criminal Charges
    Replies: 1
    Last Post: 04-06-2010, 12:51 AM
  2. Theft and Larceny: Warrant for Misdemeanor Larceny of Less Than $50
    By kittykat89 in forum Criminal Charges
    Replies: 1
    Last Post: 01-24-2009, 08:43 PM
  3. Theft and Larceny: Misdemeanor Larceny
    By busybee08 in forum Criminal Charges
    Replies: 1
    Last Post: 11-10-2008, 05:58 PM
  4. Theft and Larceny: Misdemeanor Larceny
    By cleaninup007 in forum Criminal Charges
    Replies: 3
    Last Post: 10-18-2008, 04:23 PM
  5. Retail Fraud / Shoplifting: First Offense Misdemeanor Larceny Theft
    By juicymama1989 in forum Criminal Charges
    Replies: 3
    Last Post: 09-06-2006, 07:11 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document