Shoplifting and ARD Eligibility
My question involves criminal law for the state of: pennsylvaniA
A few questions about the prelim hearing in Pennsylvania.
Will the cop and loss prevention guy be there?
My lawyer was going to ask for ARD since I was never in trouble before-does Pennsylvania usually take this?
Will my lawyer try and work this out before the hearing?
Will I need bail money at this point?
Will I need to speak at the prelim or just the lawyer?
They know I did it-what is the purpose of this hearing?
Yes I learned my lesson
I got what I thought was a good lawyer-will that make a difference?
On docket sheets-I see people that took a lot more get ARD and some just pay the m1 fine
I wrecked my life on a dAy I should have never left the house---job wise. Humiliation
Any advice would be helpful
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Wanted to add-the cop after fingerprinting me in the parking lot for some reason said save my money and not get a lawyer--just pay the fines
Re: Shoplifting and ARD Eligibility
So will my lawyer speak to the da before the hearing? I'd like this nightmare to just end....
Confusing topic to me.
The cop saying not to get a lawyer puzzles me
Re: Shoplifting and ARD Eligibility
You might be able get the ard with out a lawyer but having lawyer increases your odds. With a good lawyer and a 1st offense they're a good chance u will be granted an ard.
Re: Shoplifting and ARD Eligibility
What about bail money? All court papers I have seen on past cases when it hits common pleas---it's unsecured bail.
My lawyer just keeps saying everything will be fine---not sure if he maybe worked out a deal already or knows he will be able to-----
Or he could care or less after he got paid....
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I can't undo what was done-and I spent quite a bit of time looking at old docket sheets of people with the same crime......
Seems like most either just take the fine or the ARD (if offered), I have even seen a fair Amount dropped to some sort of chArge having nothing to do with retail theft......
Will my attorney try and work this out before-during or after.
I'm on camera, had the money-just was stupid.
I would plead guilty to just make this go away----
The only people with jail time seem to have extensive prior records.
I know I ruined my life, just curious what's left of the ashes......I'm prepared to take my medicine.
Re: Shoplifting and ARD Eligibility
Unsecured bail means you don' t have to put up the money at the time you are released. The bail is only attempted to be collected if you fail to appear. It's pretty common for magistrates to issue this: I've heard them say "Well this will give you some incentive to make it," or "This will make it worth sending someone after you."
Pleading guilty will "not make this go away."
If you plead guilty, you will still have at least two more court appearances, you'll go to the probation department for a presentence interview. Once convicted, presumably you'd get probation. You'll report weekly to your probation officer. You won't travel more than 50 miles without his permission. You won't drink alcohol or do drugs. You will pay close to $4000 over time in various fees and charges (not counting probably clsoe to $3000 to the lawyer).
NEVER EVER PLEAD GUILTY UNLESS YOU HAVE LEGAL ADVICE TO THE IMPLICATIONS OF DOING SO.
Your best bets are:
1. To have the charges dismissed outright.
2. To have the charges reduced to the summary offense version.
3. ARD
4. Probation.
in roughly that order.
Get an attorney. While you can possibly negotiate ARD with the DA, you'll find most won't want to talk directly to a defendant.
Re: Shoplifting and ARD Eligibility
And a competent lawyer should be able to do this?
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How intimidating is the whole prelim? I'm afraid of actually going through it....I screwed up, I'm on film....ready to pay the piper....but afraid something unexpected will happen
Re: Shoplifting and ARD Eligibility
As stated a lawyer is your best bet. ARD should be obtainable (absent details to the contrary), so may a reduction to summary.
Prelim can be scary, but it's a pretty informal thing. I've seen magistrates anywhere from kindly old men to complete bastards. Your attorney will most likely have experience with the particular magistrate you're up against and can tell you what you're likely to encounter.
Re: Shoplifting and ARD Eligibility
My atty requested ARDS-and now I have a date in common pleas....my question is, in PA will I find out before or at the court if I was accepted?
Also-I'm confused about this, there is a court date which I don't have to attend before my day in common pleas.....
If accepted and completing ARDS-what do you say? Convicted-charged?
Re: Shoplifting and ARD Eligibility
Usually by the time you get to the arraignment in Common Pleas the attorney will know whether they intend to accept the ARD.
Generally the sequence goes like this:
Preliminary Hearing/Preliminary Arraignment in front of a magistrate. Usually this is where the ARD or plea deal is worked out. The case is remanded over to common pleas and usually some unsecured bail is set.
Arraignment in Common Pleas...here they usually know what's going on: ARD, Plead Guilty, Bench Trial, Jury Trial. Date is set for the next event. Often a Presentence Investigation is conducted subsequent to this if there is a plea deal or ARD.
Trial date in Common Pleas.. Here you get up if you are pleading guilty and say you didn't do it and get sentenced (hopefully subject to a plea bargain), or you get assigned to ARD. You'll usually get sent directly to the probation office to work out those details.