Shoplifting, Larceny, Robbery, Theft Petit larceny

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tbuividas

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Me and my brother have both been charged for Petit larceny. The situation is we both walked into giant at the same time, went to the pharmacy section. My brother took several cough products off the shelf and walked down the aisle to another aisle while I stayed there for several minutes not touching anything but just browsing. He walked out and went to the car. I left shortly after. He gave me 2 of the products in the car and kept the rest of them for himself. Shortly after two cops came to our house and my dad let them in. They started questioning us and shortly after my brother admitted to stealing the products and me accepting them in the parking lot. Two witness's said they saw us steal the products and also its on video tape. We gave them the products, paid for them, and also wrote apology letters after. We were both charged with petit larceny even though I wasn't involved in the actual crime really what so ever.

What is the best way to approach this? My brother is willing to say he acted alone in this so that I don't get into any trouble. He has 2 previous arrests for petit theft but no convictions. I have a previous arrest for grand theft larceny but was convicted of misdemeanor trespassing. The main problem was our dad was there and let the cops basically do anything they wanted, letting them search the house and what not to find the stolen products. Any advice would highly be appreciated.
 
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Chances are they are not going to need your brother's corroboration to charge you. They will likely go after both of you. You need to hire an attorney for yourself, and your brother needs to hire one for himself. If neither of you can afford one, then one will be appointed for you by the court.

What state did this happen in? And how old are you and your brother? Are you both under or over 18?

- Carl
 
He is 21 and I'm 23. This happened in VA, Loudon County. When can I get a court appointed attorney? Do I have to wait for the first hearing/arraignment or can I get one now?
 
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
One last thing I wish someone could answer. They never read me my rights, is that something they need to do in order to get information from you? I've heard that cops need to read you your rights before they can use any thing in court and wanted to know if thats true.
 
If you think evidence was gained in violation of your civil rights, your lawyer should file a motion to quash that evidence.
 
Miranda (rights) are generally only required if you are both in custody and being interrogated. If you were not arrested at your house, then Miranda is not likely to be an issue.

Consult local counsel.

- Carl
 
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