Caught Shoplifting and Boyfriend Charged As Accessory

Today I was caught shoplifting from walmart in Caldwell County, North Carolina. The total added up to $58.06. The first time I shoplifted. The store has the "stolen goods". I do not have them in my possession. My boyfriend was with me, but he didn't agree with me doing it, he didn't touch any of it, or anything, but i understand the whole accessory charge. I was charged with shoplifing and larceny.
My question is, I have charges on my record (not shoplifting), criminal charges, one which is/was a felony but was dismissed when I went to court for it. Will the judge go by this and the other things on there and send me to jail? I would much rather pay it back to the community instead of the community paying for me being in jail for something stupid I did and I'm extremely sorry for.
No, we cannot afford an attorney. We don't even know what we are going to do for court fees and fines, but we are trying.
Also, what will more than likely happen to my boyfriend? He does not have a criminal record at all.
Thank you so much.

If it helps any...I'm 23 and he is 26

When you go to court for arraignment, plead not guilty and ask for a court-appointed attorney. You can get a public defender if you can't afford a private lawyer.

Ask about a diversion program, though I'm not sure what's available; that depends on where you are and it may be unavailable due to your prior record in any case.

A charge that was dismissed should not be a problem no matter how serious it was; if you weren't convicted, it can't be used against you.

Jail time is unlikely even if it wasn't your first offense, but it's possible. Hence the need to hire a lawyer or ask for a public defender.

If your boyfriend didn't know you were shoplifting and didn't play any part in it, then he shouldn't worry too much. Physical presence does not an accessory make.

I can't help you figure out how to get money for court costs and suchlike. You might be able to negotiate a payment plan.

Expect to receive a civil demand from the store. This is a civil claim against you which is independent of all of the criminal charges. I don't have any personal experience with civil demands, but it'll likely be in the few hundred dollars range. Refusing to pay can get you sued and held responsible for more than the original amount of the demand. You can almost certainly call to negotiate a payment plan for the civil demand. In any case, it will have no bearing on the criminal matters (except that if you're convicted, a judge might impose a lighter sentence if you've paid the civil demand, such as not making restitution a part of the sentence).

Why would I say that I am not guilty when I am? I don't want to lie in the judge's face and possibly make things worse. Is there any possible way I could represent myself? What could I say that would help?
On the way to the "loss prevention room" I did tell the woman walking with me I was sorry and ashamed. She didn't say anything. I can guarentee everyone on earth that this will not happen again.
My boyfriend and I did tell her that he had nothing to do with it, that just because he was standing there doesn't mean he was paying attention or even knew I did it (which he didn't) but she said he would be charged w/ accessory because he was with me. What should he say to the judge?

If you plea Guilty, then YOU WILL FACE THE MAXIMUM SENTENCE! That includes jail time and the whole nine yards.
Plea Not Guilty and you will get a lesser charge.
He should say that he wasn't involved in anything. If the security tapes show that he didn't do anything wrong, then the judge may dismiss his case due to a lack of evidence or something like that.

It's normal to plead not guilty even if it's obvious that you are,it's common practice like the op said to get a plea bargain. It also can let you get a legal aide if available. The da can take the dismissed conviction in to consideration but since it was dismissed and if this charge is a misdemeanor your probably looking at a fine and maybe some probation. Maybe you can still get in to a diversion program if NC has because you were never convicted of anything.

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Why would I say that I am not guilty when I am?

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Because pleading Guilty is the same as saying "Throw the book at me, Judge. I won't even beg for mercy."

If you plead Guilty, you tie the court's hands, forcing imposition of the maximum sentence. Pleading Not Guilty, as already noted, leaves you the wiggle room to negotiate a lesser punishment. This is normal, standard procedure. It's rare for someone to plead Guilty right off the bat. When people DO plead Guilty, it's typically to a lesser charge, negotiated after pleading Not Guilty to the original charge.

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I don't want to lie in the judge's face and possibly make things worse.

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Contrary to the conventional wisdom, confessing in court does not make things better, does not mean the court will go easier on you for 'fessing up. It makes things worse. See above. Plead NOT GUILTY.

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Is there any possible way I could represent myself?

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You have the Constitutionally protected right to represent yourself in court. Personally, I think that's a fool's errand. You don't have the knowledge of court procedures that you need to represent yourself effectively, there are papers to be filed and deadlines to be met, and it's a ghastly mess to try to make it a DIY project.

In a word: Don't.

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What could I say that would help?

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Judge, at arraignment: "How do you plead?"

You: "Not Guilty, Your Honor. I would like to be assigned a Public Defender, please."

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My boyfriend and I did tell her that he had nothing to do with it, that just because he was standing there doesn't mean he was paying attention or even knew I did it (which he didn't) but she said he would be charged w/ accessory because he was with me. What should he say to the judge?

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The exact same thing you should.

What if I plead No Contest? Would that be the same as saying Not Guilty? I read that saying no contest gives you the chance to talk to the judge about mitigating circumstances.
I don't know what to do.

What about saying "I Stand Mute"?

"No Contest" is essentially "I'm not going to argue with the court." Don't do that.

"I stand mute" is "I'm not going to plead, you're going to have to drag it out of me." Don't do that.

Plead NOT GUILTY and ask for a Public Defender, or go hire yourself a private attorney, who will tell you to plead Not Guilty, then shut up and let him do the talking.

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I read that saying no contest gives you the chance to talk to the judge about mitigating circumstances.

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Sweetie, you're not Jean Valjean. Mitigating circumstances for shoplifting are "I stole bread to feed my starving family." And even that doesn't get you off the hook.

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I don't know what to do.

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Multiple people have TOLD you what to do, and I've now told you twice. Either take the advice you've been given, or don't, but there's really nothing more to tell you.

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Quoting precious31509

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What if I plead No Contest? Would that be the same as saying Not Guilty? I read that saying no contest gives you the chance to talk to the judge about mitigating circumstances.
I don't know what to do.

What about saying "I Stand Mute"?

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No conest is just that, an admission of the facts, and a waiver of any right to trial, etc, as you do NOT contest the charge.

If you stand mute, either factually or by words, the court will automatically enter a not guilty plea for you.

I'll do that. I didn't mean to sound ignorant or anything, I just wanted to get everthing straight in my head so to speak.:confused:
So when I go to court, and the judge asks "how do you plead?", I say "Not Guilty, your Honor. If it's alright with you I would like to be appointed an attorney"?

Does it matter if I say public defender or attorney?

Thank you for everything you have told me so far