Going to Court for Shoplifting - What Should I Do

My question involves criminal law for the state of: Tennessee

I'm going to court in a week for a class b misdemeanor (shoplifting about $120), and I have NO idea what to do. I haven't been in a real court room and have been so busy with other stuff that I won't have a chance to go view a court session.

I just want to get it over with, and I don't have the finances to pay extra money for lawyers or public defenders so I'm just going to plead guilty and hope for the best.

Will there be someone to direct me where to sit/go, when to stand, answer my stupid questions, etc.? I'm pretty clueless.

They will direct you where to go.

Plead Not Guilty and ask for a Public Defender. That is your best bet.

Thank you for the quick reply, Pandora.
It just seems like pleading "not guilty" would make the whole situation more complicated. It would prolong court sessions, and I would have a ($300, or so) fee to pay for a public defender. Cash is so tight right now, it would probably take me a few months to pay off everything, with all of my other bills.

And when you ask for a public defender, do you just outright ASK.
"Not guilty, your honor. I would like a public defender."

what do I say to the defender?

Once again, asking for a PD just seems like it would complicate the situation.

Guilty = harsher sentence, bigger fines, shoplifting conviction.

Not guilty = lesser sentence, lesser fines, and P.D. may be able to downgrade the charge.

You're right.

If I were to plead guilty is there any chance the charge could be expunged? Someone told me that if I do, there's NO way it can get taken off of my record.

Expungement depends on your age. If you're a first time offender under 21, you might qualify.
But it would be better to not have the conviction at all. You plead guilty, all that is off the table.
Diversion would avoid a criminal record entirely. Even if you plead guilty at the arraignment, there's no guarantee the judge would sentence you then and there. They often will ask for a presentence investigation and you'd have to come back anyway. I'd at least see if I could talk to a lawyer (either private or a PD) before making the decision to plead guilty.

If he pleads not guilty......wont that seem a little ridiculous ....since he was probably caught on camera and has evidence against him.
And possibly the LP made him sign the admission of guilt. How does one plead not guilty after that?

Quote:

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Quoting Jenya81

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If he pleads not guilty......wont that seem a little ridiculous ....since he was probably caught on camera and has evidence against him.
And possibly the LP made him sign the admission of guilt. How does one plead not guilty after that?

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While I am a proponent of taking one's lumps when one does something wrong, a defendant does have the right to make the state prove its case beyond a reasonable doubt. Even if they know the state has a slam dunk case, they can exercise that right to have the state jump through it's hoops. DA's will also sometimes offer a deal to avoid going to trial simply to avoid wasting the taxpayers' money.

The other advantage to a plea of Not Guilty is that usually, a plea deal is worked out between the lawyer/PD and the Prosecutor. So the perpetrator would have a chance of a lesser charge, which he/she would then plea guilty to. Or may be offered a Diversion or First Time Offenders program.

I'm the situations you're in and I'm planning to plead not guilty also. Please let us know how it goes. Good Luck.

They do have me on video, and I know that for a fact.

I am a first time offender.

I'm really nervous as I don't know what really would be the best thing for me to do. I do believe you guys when you say it would be a good idea to plead "not guilty", but I'm also afraid someone will immediately say "Hey stupid, we have you on video tape" and that will be the end of it.

I just want it off my record as quickly and painlessly as possible.

Even if they have video evidence of me shoplifting, is it still wise to plead "not guilty?"

I admit and acknowledge that I shoplifted... I just really would like to have the charge lessened and eventually sealed.





Another question, is there going to be a bunch of people watching from the benches? I've never seen a real court session so I'm not sure. I don't want them to roll out a tv and show everybody my shoplifting.

I don't know why this concept is so difficult to understand.

Pleading not guilty is not saying, "I didn't do what I'm charged with". Pleading not guilty is standing on your right under the Constitution to have the prosecution prove its case. Doesn't anyone pay attention in Civics class?

If you want to have the charge lessened, the way to do that is NOT to plead guilty to the original charge.

I have never TAKEN a civics class, and no high school I ever went to offered one so, no, I did not pay attention in civics class.

I'm not sure why it's necessary for you to give snotty remarks in the thread, though. If I were on the internet asking these stupid questions I'm obviously not very educated on the matter, and don't fully understand it. You should be able to see that.

And I'm not sure why it's necessary for you to advertise on the Internet that you don't understand the basic precepts that this country was founded on. I'd feel pretty much like an idiot if I had to do that. But whatever floats your boat, I guess.

If you went to a high school, you took a Government Class....which teaches Civics. Atleast the basics.

To answer a question: There will be other people in the courtroom, lots of them. People with other cases, their lawyers, witnesses, etc.

If you get a chance, go to a court date beforehand to get an idea of how it works

We also have stickied threads at the top of the forum with a lot of info....

I'd rather be an idiot and attempting to learn than already knowing and spending my time on forums looking down on people and making them feel bad about themselves. I guess it's whatever floats your boat though, right?


Thank you for your advice, PandorasBox. I appreciate it and I will see if I can go to a court session beforehand.

trollinthedungeon....were the cops called? did they put it all in their records?

Put what in their records Jenya? OP is going to court on a criminal charge because OP shoplifted. Obviously a police report was filed since the OP has been charged. It does not matter if the police came and took a report while OP was in custody or if LP reported it after the fact. The facts of the case remain the same.