Shoplifting, Larceny, Robbery, Theft Misdemeanor class 1

[Kats]

Jurisdiction

North Carolina

My 18 year old daughter was cleaning a house for a friend of a friend to earn extra money. That person accused her of stealing 50.00 and did not pay her what he owed her. He tried to get her to perform oral favors and when she refused he got madone and took his false complaint to the magistrate in Carteret county, NC and had a warrant served on her.
She pled not guilty at her Court appearance but they would not give her a public defender?
We cannot afford an attorney, she did not steal the money but we don't know what to do. Yhe person who filed the false complaint is a known drug dealer, has been arrested at least twice, that we know of, for drugs. My daughter has a clean record and hasn't been in any trouble....please help.
There are no witnesses unless he gets someone to lie for him.

 

[army judge]

Not much she can do but ask the detectives if they'd be willing to give her a polygraph.

Without a lawyer, she'll be forced to defend herself.

 

[Kats]

We realize she will have to defend herself so I guess I'm just asking for a little guidance on things she should say, ask etc.
Thanks for any help and guidance you can provide .
Kat

 

[shrinkmaster]

I am a Retail Theft Consultant and answer questions like yours daily. The accused pleads not guilty and request Public defender. When this person meets this lawyer they discuss legal options be sure to ask about ACD or Diversion to protect their record

 

[Kats]

I am a Retail Theft Consultant and answer questions like yours daily. The accused pleads not guilty and request Public defender. When this person meets this lawyer they discuss legal options be sure to ask about ACD or Diversion to protect their record

As I stated in the original question my daughter did plead not guilty and was told she did not qualify for a PD..... I need to know how she can defend herself, what she should say etc??

 

[army judge]

As I stated in the original question my daughter did plead not guilty and was told she did not qualify for a PD..... I need to know how she can defend herself, what she should say etc??

It's best not to say anything.
The state carries the burden of proving her guilt.
She's innocent until her guilt has been proven.
It's impossible to prove a negative.
She might wish to read about criminal trial procedure.
It's impossible to instruct her in trial procedure.
In law school, we received a year's instruction on the subject.
It took me a year under supervision after I acquired my law license to become somewhat proficient and a lifetime of trying cases to perfect it.

That's why I suggested hiring a lawyer.
The risk for her losing is incarceration and a stain on her record.

 

[Kats]

Ok, thank you.

 

[Highwayman]

I need to know how she can defend herself, what she should say etc??

This is far from a "do it yourself" situation. I agree that retaining an attorney is really the only way to proceed.

Was there a reason given for the denial of a public defender?

 

[Kats]

This is far from a "do it yourself" situation. I agree that retaining an attorney is really the only way to proceed.

Was there a reason given for the denial of a public defender?

The judge stated that since she had no record she couldn't be appointed a public defender. The judge also questioned her accuser about the fact that he had been arrested for drugs and theft but was bringing charges on her and she had no record.
We cannot afford an attorney as I am on disability and she is 7 months pregnant and only working pt at a retail job for minimum wage.

 

[Highwayman]

The judge stated that since she had no record she couldn't be appointed a public defender.

That sounds a bit suspect to me. I have never heard of such a thing.

You should contact your local Legal Aid and ask them if that's accurate and how your daughter can go about getting representation.

 

[shrinkmaster]

I concur the denial seems odd.However many Attorneys will grant a free initial consultation. I suggest she get as many as she can. She can ask about defense and plea options in the event she is forced to go this alone. She needs to ask about all options and especially options like ACD that can keep a conviction off her record.