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  1. #1
    Join Date
    Mar 2006
    Location
    Utah
    Posts
    1

    Default Final Pretrial - Shoplifting in Utah

    I got caught in store for $1.99 nail polish by LP. I hired a lawyer to represent me. I plea no guilty and I went to the Pretrial confenence on March 15. The traffic and weather was terrible, the road had closed, I was not able to get to the court. I called to court and explain them there was a problem on road. The clerk agreed my lawyer can represent me to see the prosecutor. The lawyer called me two hours later and let me know the prosecutor did not make any offer to either dismiss or reduce the charge.
    Now my lawyer set up the final Pretrial on April 12. During this period, my lawyer try to contract to store and see can I pay higher restituation fee and drop the criminal charge. And I cannot plea guilty because I am having visa to be USA, I will be deported if I am convicted.

    MY Question is:
    1. Can the shoplifting charge settle down with the store? (after you pay certain amount, then the case will dismiss)
    2. Should I ask my lawyer to bring up the offer again in Pretrial?

    OR what should I do?

    Thanks.

  2. #2
    Join Date
    Feb 2006
    Location
    CA
    Posts
    101

    Default

    First, seems like they really didn't like you by calling the police for $1.99. Second, seems like the police and the prosecutor bought their story by pressing charges and not making any reasonable offer.

    Was there more to it than just the $1.99?

    #1: If your state allows civil compromise, then yes. Ask you lawyer, he should know.

    #2: Your lawyer should do whatever it takes. What are you being charged with now? If nothing was offered, what kind of sentence is the prosecutor seeking?

    Some convictions don't lead to deportation. Read some of my posts here and consult an immigration lawyer for the latest.

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