i was stealing a $8 item from my local wal-mart i feel stupid for doing it when they got me in the back i filled out their paper work and the police were called i was charged with class 1 misdemeanor larceny. the officer and i started talking when he took me home and said if i were you i would plea guilty and ask for a deferred prosecution he told me i would half to pay fines do some community service ect which i am totally ok with complying with. i have a clean background untill now i know the only way to get a deferred pros is to have a clean record with this being my first time in any type of law trouble are my chances good for the preferred pros and if so how do i ask for it after i plea? im trying to take the officers advice and keep myself out of trouble from this point on
Re: first-time offender Misdemeanor larceny class 1 in NC st
He is a Police Officer not an Attorney and his advice is based on assumption and risk. Where I agree Diversion, ACD or any derferral program is best is not a guarantee based on Officers advice. Here the steps I suggest in the order I think you should do them
. Start calling Attorneys and get consultations. Many Attorneys offer intial consultation free so ther eshould be no cost. Get as many consultations as you cane (Several Attorneys). Ask them about Diversion and other plea options
. If you can afford one of these Attorneys hire them
. Go to court with this Attorney (If hired) If not proceed to court as planned without one
. When Judges calls your name ask tells you charge he will ask your plea. At this point request a Public Defender and either plead not guilty or stand mute. You will be given new court date
. When you meet with Public Defender tell him your desire, in this case deferral. You would have learned much from your consultations so this will help. Public Defender will make dealwith DA. If DA accepts plea deal you go back to court on assigned date and Judge approves or denies plea deal. Its very very very rare for a Judge to refuse deal made between the two Attorneys
There is no risk this way. The other way is risky and could get you a sentence you do not desire
Re: first-time offender Misdemeanor larceny class 1 in NC st
ok i will plea guilty because i am i dont wish to try to get off i just dont want jail time for a first time offender will i have any jail time or just probation
