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  1. #1
    Join Date
    Jun 2010
    Posts
    2

    Default Should I Get a Public Defender or Hire a Private Lawyer for Shoplifting

    My question involves criminal law for the state of: California (Specifically the Santa Clara County in Northern California)

    So to be clear and concise, I am 18 year old with no priors and a clean record aside from a cell phone violation. I was recently cited with a PC 484/488 Petty Theft Misdemeanor at Safeway when I attempted to steal $67 worth of alcohol. I cooperated and there was no unnecessary fuss. I am now banned from all Safeway and needs to pay a restitution fee. I haven't appeared at court yet. Nothing has came from mail yet, but I have been reading threads in this forum and have a few questions.

    I am a college student in good standing, but although I have a job, it pays about $13/hr. So here are the questions I have.

    1. Is it necessary to get a private lawyer? Since I read that they can be unncessarily expansive when Public Defenders can do just as well of a job.
    2. Can I get it reduced to an infraction? Since the stolen items total up to $67
    3. Is it better to try and get an infraction or wait a year and get the misdemeanor expunged? In terms of fees and criminal record for jobs.
    4. Is it necessary for my parents to know? I do have about $1500 saved up and I would prefer my parents didn't know :/

    I plan on calling an attorney to set up a free consultation to see what are my possible options, and also call the court to see if I'm eligible for a public defender.

    Thanks for helping me out! I've resented what I've done and am sorry and this has just been driving me crazy the past few weeks. If you have any advice or answers to my questions, I would really appreciate it.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Should I Get a Public Defender or Hire a Private Lawyer for Shoplifting

    1) If you can afford private counsel, you're not eligible for a PD. You can get forms from the Clerk to determine your eligibility.

    2) Maybe. It's at the court's discretion. It's a bit easier to achieve this with the help of an attorney (private or PD).

    3) Depends on what you're looking to apply for. Some employers are only looking to avoid felons. Others don't care if you're a jaywalker or a felon, they don't want any record either way. Consult with counsel.

    4) You're a legal adult. If you don't want to tell your Mama that you were re-enacting "Stupid Wino Tricks for College Kids", you don't have to.

  3. #3
    Join Date
    Dec 2009
    Location
    Earth
    Posts
    207

    Default Re: Should I Get a Public Defender or Hire a Private Lawyer for Shoplifting

    1. It's up to you. Private counsel can be very expensive; public defenders can be very overworked. Courts are often more generous about granting public defenders than you might think; if you're convicted without a lawyer despite asking for one, you can go straight to the appeals court due to violation of your 6th amendment right to counsel.

    2. I left my crystal ball at the office, so I can't answer that. Maybe you can negotiate a plea bargain to reduce it to an infraction. Make sure you get a lawyer first, though; this isn't something most people can do on their own.

    3. If you can get it reduced to an infraction, that's better. If you're convicted of a misdemeanor, it'll be on your record forever. A criminal conviction can't be expunged in California; the process that is mislabeled "expungement" is actually nothing of the sort; the record is still there and still visible, which can make it hard to get a job.

    4. You can't necessarily prevent them from finding out; most of the proceedings will end up in the public record. You certainly don't have to tell them, though. Maybe they won't find out.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Should I Get a Public Defender or Hire a Private Lawyer for Shoplifting

    1.) Once again, it's not a choice. Either you qualify for a PD or you don't. If you can afford private counsel, a PD is not available to you. You don't get to pick and choose which you prefer.

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