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  1. #1
    Join Date
    Apr 2007
    Posts
    2

    Default Shoplifting While On Deferment For A Prior Arrest

    hi, i was recently arrested for shoplifting at a jc penny in ny and was charged with petit larceny, 155.25 of the penal code. it was 48 dollars worth of clothes. i have a court appearance on wednesday, but am going back to school at suny albany tonight and cant really make an appointment to see a lawyer before court. i am driving 2 hours wednesday morning to get to the courthouse by 12pm for my appearance. the thing is, i was arrested in albany 4 or 5 months ago for open container and chalked id charges (chalked id was a misdemeanor, not felony) and was given 6 months to complete 30 hours of community service and have both charges dropped. i am not yet done with the 30 hours but will be very soon.

    i was wondering what kind of punishment to expect from the judge if i were to just go by myself with no lawyer and plead guilty, and if my previous arrest will influence the punishment. the cops who took me from jc penny said it shouldnt affect the ruling, but i just want some other opinions.

    also, is it possible to ask for a larger fine in place of community service if thats what they want to give me? since ill be living at school which is 2 hours away from the area that the court is in, it would be extremely hard for me to do community service there.

    thanks for all your help

  2. #2
    panther10758 Guest

    Default Re: shoplifting - previous arrest

    I doubt you other offense will play veryt strongly in your shoplift case however what are terms of other offence? Are you in a diversion program? Is part of your probabtion read "violate no law"? if so you could be in trouble on first issue. Not having time to talk to Attorney is legal sucide! Make the time!

  3. #3
    Join Date
    Apr 2007
    Posts
    2

    Default Re: shoplifting - previous arrest

    i am not exactly sure of the technical terms of my other arrest, i just know that if i complete the community service within the alotted time the charges will be dropped.

    and please dont scare me with that legal suicide stuff! im kidding but seriously is not having a lawyer with me really that bad? if it was absoluetly impossible to contact one before my court date, do you think i could come out of this on my own with just a fine?

    another question, if i were to show up to court on wednesday, could there be someone there that i could talk to to help me with this situation? such as the public defender working there that day, or anyone else?

    i guess overall what im asking is: do you think its possible to show up on wednesday, with no lawyer, considering my previous arrest, and get off with just a fine? (a high fine in lou of community service is ok)

  4. #4
    panther10758 Guest

    Default Re: shoplifting - previous arrest

    Quote Quoting JM6
    View Post
    i am not exactly sure of the technical terms of my other arrest, i just know that if i complete the community service within the alotted time the charges will be dropped. One term tha tis almost always part or probation violate no law! You have now broke that and could face further problems in first case including chargfes not being dropped! Talk to your Attorney this is serious.

    and please dont scare me with that legal suicide stuff! im kidding but seriously is not having a lawyer with me really that bad? Yes its really that bad!if it was absoluetly impossible to contact one before my court date, do you think i could come out of this on my own with just a fine? You have two problems first case probation and this case. When you go to court plead not guilty! A trail date will be set and use that time to consult an Attorney!

    another question, if i were to show up to court on wednesday, could there be someone there that i could talk to to help me with this situation? such as the public defender working there that day, or anyone else?Plead not guilty and request one but you must prove you cannot affford one on you rown and your idea of not affording and courts can differ.

    i guess overall what im asking is: do you think its possible to show up on wednesday, with no lawyer, considering my previous arrest, and get off with just a fine? (a high fine in lou of community service is ok)

    Anything is possible and just a fine is likley your big problem is first case for reason already stated. It looks like your in a diversion program, if so you have violated the terms of diversion and your charge will not be dropped and you could face stiffer penalties!

  5. #5
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default Re: shoplifting - previous arrest

    When you go to court, enter a plea of not guilty then ask for a public defender. It will mean you'll have to go back later for the final plea agreement and deal, that's your best bet.

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