Shoplifting, Larceny, Robbery, Theft 18 and caught- need advice

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confusedgirl90

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I was caught yesterday of stealing $199.99 (I think the person let me easy because it was obvious 200+). I am only 18 and this is the first time I have ever done anything illegal. The police was involved and I have a court date on Wednesday. I am wondering if I should get a public defender since I cant afford a lawyer, but I have evidence against me. I'm not even sure if I can get a public defender in time. What should I say in court? Am I allowed to ask for probation and community service and even pay a fine to have it not on my records?

Right now in my life I am feeling incredibly vulnerable and lonely. My parents are thinking about getting a divorce and putting a lot of pressure on me to choose sides and just things not going right. Also all my friends and people I associate with have a partner- and for the first time in a long time, I am single and always the third wheel to my friends. I guess I stole out of consciousness because I want to look better so I won't be lonely anymore-it was something to distract my mind. Is this something I should tell the judge or would it be used against me?

If I am going alone should I go in and admit that I stole and accept my punishment? There is a very high chance of me going alone and I don't know what to say- what is appropriate. I also don't know what I will receive as a punishment.

Please help...
 
NO! do not walk into court alone and admit everything!! Your first court date is an arraignment, If you walk in plead guilty you will be sentence right then no deal just whatever Judge wants. Not smart. Go to court plead not guilty or enter no plea at all and request Public Defender. When you meet with this Lawyer ask him if Diversion is available in your case. It would also be wise to meet with several Attorneys before your court date. Many offer free consultations take them up on it. Then you can be armed with knowledge when you meet with Public Defender
 
Your every DA's dream defendant arent you? Walk in say guilty and accept whatever. That sure helps him build his conviction rate! :rolleyes: Ok kidding aside the above post was correct.
 
The person at the store made me sign 2 papers that I did not receive a copy of. The person also said that if I plead not guilty she would have to show up to court and she has the security tapes to prove it- and pictures. I don't have money for a lawyer. Where would I be able to find [free] attorneys especially 2 days before my court? Do I go to my court date and request for a public defender then or do it ahead of time? I live in California for reference.
 
The process was explained. Go to your arraignment ask for Public defender. You will get new court date and Judge will instruct you how to go about getting the Public Defender
 
Thank you for your replies. I was reading online and I heard that if the Diversion program does not work out, I can end up with worst charges on my records- and even jail time. Is this true?
 
Again, I am very grateful for your help right now- truly am. But I am wondering what would happen if the diversion program doesn't go through and I am still guilty- because there is evidence against me? Would there be more charges for their time or just my "original" punishment?
 
Your making this too complicated its not. You either qualify for Diversion or you dont. Its either available or its not. The alternative is not likely jail. Its likely fines, probation, community service and a criminal record. CA i snot in the habit of locking up 1st offender shoplifters unless the theft exceeded $400.00 or other issues.
 
First off, I assume you are an adult.

Second, diversion is a means by which you can enter into a program of counseling, treatment, and probation where once you have successfully completed the program the charges are dismissed. If you FAIL the diversion, you are tossed back to court for a new sentencing and the charges are NOT dismissed. They do not charge you with a worse crime. Besides, you do not intend to fail diversion, do you?

Third, assuming you have insufficient assets or income and are not a dependent of your parents, the court should assign you counsel at or immediately after your arraignment. If you go into the arraignment and plead "not guilty" a new court date will be set and you should be able to request counsel at that time. An attorney can help you access diversion IF it is available. If not, he can still possible work out an acceptable deal.

- Carl
 
Yes I will. I also have a few hopefully last questions: Are public defenders free in CA? And for Carl's remark- I am still living under my parent's roof- does that change how fast the court would arrange my counsel- should I let the court know I still live with my parents or just not say anything in court except 'I request a Public Defender"?
 
confusedgirl90 said:
Yes I will. I also have a few hopefully last questions: Are public defenders free in CA?
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If you lose, you will be expected to pay a small stipend for their use. They are largely "free", but not entirely.

And for Carl's remark- I am still living under my parent's roof- does that change how fast the court would arrange my counsel- should I let the court know I still live with my parents or just not say anything in court except 'I request a Public Defender"?
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Depending on the county this is in, you may be required to fill out a multi-page questionnaire to determine eligibility for a public defender. if your parents claimed you as a dependent last year, and they have means, then you may not qualify. This varies to some degree by county, so I cannot say what the case will be where you are.

Think of it this way, if you LIE to the court or deceive the court in any way, your theft case could become a secondary problem for you.

- Carl
 
confusedgirl90 said:
I live in the US in California. What happens if I don't qualify then? What should I say to the judge since I might be on my own?
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I know that you are in California and the USA. Whether you are eligible for a public defender will depend on the process in your C-O-U-N-T-Y - as in, one of the 58 counties in the state of California. Some counties are tougher than others, and some have little to no means testing at all.

- Carl
 
confusedgirl90 said:
I'm sorry. I live in the Bay Area. Or do you need my city?
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I wouldn't know whether your county has a diversion program for theft/shoplifting or not, and there is no reliable database that I know of that would have that information. This is why you need to speak to a local attorney.

- Carl
 
+1 on the above post.

You are going to be fine. Remember, no matter how things are now, they will all pass. Life will get better, there are good things waiting for you at the end of this stretch in the road.

I trust you will never steal again.
 
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