Legal Question in Criminal Law in California

I am in CA and was recently caught shoplifting. It was the first time I had done it and I wasn't taken into custody. I have a court date coming up and I would like to know if I will be able to speak in court or if I should ask for a public defender or get a lawyer. I am trying to get the charge dropped to an infraction. I have already paid the store a settlement fee and am willing to do community service and take an anti-theft class. This is my first offense. Will I be able to speak in court? If I ask for a public defender do I have to plead guilty or not guilty?

Asked on 9/23/12, 10:31 am

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

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You should not talk in court. If at all possible you should bring an attorney with you. If you cannot bring an attorney with you to court you should either ask for a public defender or ask for more time to get an attorney. You should let the attorney do the rest of the talking. Unless you ask for more time to get an attorney you will be arraigned and either plead not guilty or if it is available in your county be placed on misdemeanor diversion. You can ask your attorney about that. If you ask for more time to get an attorney the arraignment will be put off until you have an attorney.

Answered on 9/23/12, 10:48 am

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Edward Hoffman Law Offices of Edward A. Hoffman

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I agree with Mr. Shapiro. You should get a lawyer stop talking about the case with anyone but her. You have already made your situation worse than it needs to be. The more you say the wrong people, the worse it will get.

Answered on 9/23/12, 1:18 pm

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