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Charged with Shoplifting in Neiman Marcus

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  • 09-13-2008, 06:21 AM
    psullivan
    Charged with Shoplifting in Neiman Marcus
    My question involves criminal law for the state of: New Jersey.

    I was recently caught shoplifiting in a Neimun Marcus department store in New Jersey. The item I attempted to steal had a value of about $360. I just turned 18 and have a completely clean record, but I've been having a lot of issues in the past year with depression which I realize now has really affected me and I'm working to overcome now. I'm trying to handle this on my own without getting my parents involved as I think I should be the one to fix this however I doubt I'll be able to hire a lawyer and I'm absolutely terrified of going to court. I recieved a letter in the mail recently saying that my case had been "downgraded" and to report to a municipal court. I'm more than willing to pay a fine and do community service, but my court date is on Tuesday so I really don't even have time to hire an attorney.

    Therefore, my questions are; without a hired lawyer are the chances of me going to jail greater? Would it be stupid of me not to hire a lawyer? Would I be eligible for a court appointed attorney due to my age and lack of income? What does it mean when they say the case has been downgraded? Is there a good chance of me going to jail for this? And lastly, is there any way to make this into a lesser conviction?

    Any information about pretrial diversion or pleading no contest and getting differed ajudification would be great as well. I'm not sure if those apply in New Jersey.

    Any further advice would be much appreciated. Thank you so much.
  • 09-13-2008, 03:32 PM
    Mouser
    Re: Charged with Shoplifting in Neiman Marcus
    For first offence petty theft in Municipal Court the chances of going to jail are close to zero.
  • 09-13-2008, 03:57 PM
    BOR
    Re: Charged with Shoplifting in Neiman Marcus
    Quote:

    Quoting psullivan
    View Post
    Therefore, my questions are; without a hired lawyer are the chances of me going to jail greater? Would it be stupid of me not to hire a lawyer? Would I be eligible for a court appointed attorney due to my age and lack of income? What does it mean when they say the case has been downgraded? Is there a good chance of me going to jail for this? And lastly, is there any way to make this into a lesser conviction?

    Any information about pretrial diversion or pleading no contest and getting differed ajudification would be great as well. I'm not sure if those apply in New Jersey.

    Any further advice would be much appreciated. Thank you so much.


    The felony level of theft, at least according to this source, is $250.00, I did not check the NJ Code:

    http://www.retailindustrynetwork.com...Levels_000.pdf

    If you stole $360.00, it appears they have charged you with a lesser crime already, petty theft.


    http://www.judiciary.state.nj.us/criminal/crpti.htm


    http://www.judiciary.state.nj.us/rules/r3-28.htm

    IF you plead not guilty, yes, it is fairly certain you would qualify for a public defender.

    Since they seem to have downgraded the classification of the crime already, you can choose to plead guilty and beg the court for leniency and enroll you in the pre trial program.

    You have to decide.

    Me "personally" if I knew I got busted, I would plead no contest and make it known to his or her honor I am very ashamed for what I did and it will never happen again and very politely ask the court to consider my remorse and that I will obey the law from now on, etc., etc.

    Best wishes.

    BOR *Bill of Rights*
  • 09-14-2008, 07:11 AM
    psullivan
    Re: Charged with Shoplifting in Neiman Marcus
    Quote:

    Quoting BOR
    View Post
    Since they seem to have downgraded the classification of the crime already, you can choose to plead guilty and beg the court for leniency and enroll you in the pre trial program.

    You have to decide.

    Me "personally" if I knew I got busted, I would plead no contest and make it known to his or her honor I am very ashamed for what I did and it will never happen again and very politely ask the court to consider my remorse and that I will obey the law from now on, etc.

    Thank you so much.

    I think that seems to be the best option for me, how would I go about applying for the program though? I'm going to plead guilty as I think that seems to be the best option but then at what time would I ask the judge if I could apply for the pre-trial program?
  • 09-16-2008, 11:41 AM
    BOR
    Re: Charged with Shoplifting in Neiman Marcus
    Quote:

    Quoting psullivan
    View Post
    Thank you so much.

    I think that seems to be the best option for me, how would I go about applying for the program though? I'm going to plead guilty as I think that seems to be the best option but then at what time would I ask the judge if I could apply for the pre-trial program?


    You have to plead guilty or maybe no contest first at arraignment or when you are asked to enter a plea, then request such to the Judge at that time.

    As fas as asking before this, I do not know if you can talk to the prosecutor handling the case or not first before you plead.

    OR if you have a small amount of money, consult a criminal defense attorney before you plead just to get a much better idea on how to proceeed, you do not necessarily have to hire him to appear with you in court.
  • 09-16-2008, 12:23 PM
    panther10758
    Re: Charged with Shoplifting in Neiman Marcus
    Pleading guilty will put Judge in position to enter setnence right away. If you want to plea bargain and enter a program of sorts you need an Attorney. The Attorney can talk to DA and offer plea dealin exchange for guilty or no contest plea. If you walk in guilty say "guilty" you get whatever sentence normally applies.
  • 09-16-2008, 07:31 PM
    bam!
    Re: Charged with Shoplifting in Neiman Marcus
    Quote:

    Quoting panther10758
    View Post
    Pleading guilty will put Judge in position to enter setnence right away. If you want to plea bargain and enter a program of sorts you need an Attorney. The Attorney can talk to DA and offer plea dealin exchange for guilty or no contest plea. If you walk in guilty say "guilty" you get whatever sentence normally applies.

    Sometimes you have to plead "guilty" to a charge only to have it placed on an inactive docket. Talk with the States Attorney and see what they have to offer. You then might have to get a lawyer.
  • 09-18-2008, 09:19 PM
    firstpogo
    Re: Charged with Shoplifting in Neiman Marcus
    Just some advice from another younger guy who went through this... tell your parents. It made my life hell trying to keep my situation a secret, and my parents found out anyways. Just take some of the stress off and tell them.
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