I'm curious about a few things regarding law and a shoplifting case I was convicted of.
1.) How long does it usually take to get your case up to the judge for you to go in? I've been waiting a month or so I believe. Is this normal?
2.) I contacted an attorney who is charging me a flat-rate of $500 and says he can settle the matter out of court so I never even have to show up as well as make it so the crime doesn't appear on my records. I'm assuming this is good. I never heard of the "never have to show up in court" thing, however. Does this really happen?
3.) This one actually didn't happen to me, but I've been curious about it. Lets pretend somebody was arrested for whatever crime and on the way to the jail / courthouse (whichever) the cop decides he wants to stop at a fast food restaurant and get some food. Ironically, the criminal just happened to work at that same exact restaurant... which obviously would bring about a nice amount of ridicule and embarrassment. under this circumstance, would it be at all possible to sue the cop and/or the police station he works for for defamation of character?
Like I said, this never happened, just curious what would happen under this situation.
Thanks for information.
Questions About Shoplifting Prosecutions
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07-18-2007, 05:49 PMbob_01Questions About Shoplifting Prosecutions
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07-18-2007, 08:35 PMfareed88Re: Questions About Shoplifting Prosecutions
1. Statute of limitations. From my understanding you can get the notice in the mail up to two years from the date of the crime but usually its takes 1-2 months
2. Short answer, yes -
07-19-2007, 06:22 AMpanther10758Re: Questions About Shoplifting ProsecutionsWho's fault is it your in cop car!? No he cannot be suedQuote:
Quoting bob_01
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07-19-2007, 11:32 AMcdwjavaRe: Questions About Shoplifting ProsecutionsYou wrote that you were "convicted" ... does this mean you have already gone to trial? Or, did you mean "arrested"?Quote:
Quoting bob_01
How long it takes to get to trial depends on state law and how backed up the courts and the attorneys are. Out here you would get a preliminary hearing in about a month if you were in custody, but if you are out of custody it could be months. I just went to one yesterday that was three months old.
Any attorney that makes those kinds of promises is one to be wary of. The case against you must be very weak, or it's actually an infraction (in CA if you shoplift less than $50 in property it can be charged as an infraction - a traffic ticket, in effect, and it won't appear on your criminal history as a conviction).Quote:
2.) I contacted an attorney who is charging me a flat-rate of $500 and says he can settle the matter out of court so I never even have to show up as well as make it so the crime doesn't appear on my records.
It would be bad policy for the officer and he might get spanked by his agency, but since the arrest is a matter of public record, no case. However, if he went there intentionally to demean or embarrass the prisoner, there MIGHT be a case.Quote:
3.) This one actually didn't happen to me, but I've been curious about it. Lets pretend somebody was arrested for whatever crime and on the way to the jail / courthouse (whichever) the cop decides he wants to stop at a fast food restaurant and get some food. Ironically, the criminal just happened to work at that same exact restaurant... which obviously would bring about a nice amount of ridicule and embarrassment. under this circumstance, would it be at all possible to sue the cop and/or the police station he works for for defamation of character?
- Carl -
07-19-2007, 04:02 PMbob_01Re: Questions About Shoplifting ProsecutionsQuote:
Quoting cdwjava
Perhaps it is an infraction.
It was first ever offense, literally of anything whatsoever.
And the amount stolen was about $48.00
A lot of people have been telling me it will most likely qualify as a misdemeanor, considering it was my first offense and the low retail.
Others are telling me it will appear as retail fraud on my record no matter what. -
07-19-2007, 04:26 PMpanther10758Re: Questions About Shoplifting Prosecutions
Consult with another Attorney. It seems yours may have gave you incorrect information
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07-21-2007, 03:19 PMbob_01Re: Questions About Shoplifting ProsecutionsQuote:
Quoting panther10758
incorrect information regarding what? -
07-21-2007, 03:24 PMcdwjavaRe: Questions About Shoplifting Prosecutions
What state are you in, and what was the specific code section have you been charged with?
- Carl -
07-21-2007, 04:41 PMbob_01Re: Questions About Shoplifting ProsecutionsQuote:
Quoting cdwjava
From Michigan.
And no clue what a code section even is. -
07-21-2007, 04:48 PMcdwjavaRe: Questions About Shoplifting Prosecutions
The charging documents, citation, summons, etc. will have a code section on it ... a series of numbers and/or letters. It might be prefaced by MCL or MPC (Michigan Compiled Laws or Michigan Penal Code).
- Carl