Legal Question in Criminal Law in California

I am 22 years old, and I was caught stealing 30 dollars worth of merchandise in Kmart. The police were called, but I was not arrested, I recieved a notice to appear. I wanted to know what my options are as to possibly get my charges dismissed. This is my first offense, I am a college student, I volunteer at a hospital, this was an absolute moment of desperation and stupidity. What should I expect, how should I plead, what are my chances of being dismissed?


Asked on 8/17/09, 1:56 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You must appear at the court date listed on your notice to appear or a warrant will be issued for your arrest.

If you cannot afford to hire an attorney, you should ask the judge to appoint the Public Defender to represent you.

You should enter a "not guilty" plea, although the court may continue your case for a plea at a later date to give you time to consult with your lawyer, whether it is someone you hired or a court-appointed public defender.

No attorney can adequately evaluate the chances of dismissal without reviewing the entire file. Some counties offer a diversion program, where first time offenders can avoid a conviction by taking a theft awareness class and staying out of trouble for a specified period of time.

You need to talk to an attorney familiar with the practices in your jurisdiction.

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Answered on 8/21/09, 3:09 pm


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