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My question involves criminal law for the state of: Colorado
I was issued a ticket for shoplifting from a department store. I was not arrested. I have a court date.
This is my first offense and I'm not sure what to do. I'm hearing a lot about deferred sentences, expungement, etc.:confused: I just plain don't have the money for an attorney. Who can I talk to in the court house to ask for a dismissal. I would like the opportunity for community service, probation, etc. What should I do?
If you cannot afford an Attorney then ask for Public defender. Then talk to Public Defender about Diversion
Then talk to Public Defender about Diversion - Panther
What do you mean by diversion? And will I need to talk to the Public Defender when I show up for court, or before my court date?
Thank you for the reply.
Generally you make your court appearence and request public defender at that time. Judge will instruct you what to do and give you new court date
What does a public defender do? Will there be a charge?
I guess my question is more... do I need to visit the court house now instead of waiting? I was hoping to go in and qualify for a pre-trial diversion. So that must mean I go in "pre" trial. :confused:
Am I allowed to visit the court before my trial and speak with a public defender then??? If so, will he/she be the same defender for my case and be able to tell the judge of my, hopeful, qualification for diversion?
Yes. You must wait until your preliminary trial date.
2. No. Again, you must wait until your court date. If a defender is appointed to defend you, you will then have a chance to speak with him/her.
Only the judge can decide, and rule, if you're eligible for diversion. Your PD can request it, but it's the courts decision.
I guess I'm still not understanding what's going to happen in court. I show up early, dress nice, they hand out whatever paperwork, they call my name, hopefully the judge is happy that day, he/she explains why I'm there, ask me what I plea, sentence me, I go give them my money and go home crying??
Did I miss much?
Where does the request for diversion fit in this oh-so-lovely day? Will a PD actually be asigned to me, or do I request one and then they reschedule my case?
What is this PD going to cost me? I'm already broke and figure I'll be paying fees for everything else.
:confused:
You plead NOT GUILTY to the charge at your prelim and request a public defender. If you quality, one will be appointed and you will be assigned another hearing date.
In between that time, you speak with your defender and he/she will advise you as to any and all possible outcomes. Your PD will decide what to present to the judge. He/she will present this at your next hearing and the judge will decide to accept it or not.
PD might cost about $300, and also expect court costs, fees and fines to be added to the total. They'll put you on a payment plan but if you don't pay on time, you'll find yourself back in front of the judge, and I can guarantee he/she won't be a happy camper.
There is no gaurantee but if this is your first offense, it shouldn't be an issue with deversion being granted.
Your not paying attention are you? Go to court when your name is called either enter a not guilty plea no plea at all and request Public defender. Judge will give you instructions on what to do next. Once you meet with Public defender you can discuss options like Diversion if available