Legal Question in Criminal Law in Georgia

I was charged with a theft by shoplifting misdemenor, value of the items were13.33 and it was food taken because I didnt have the money to pay for food and people in my dwelling including myself had nothing to eat. I was given the standard disposition 12 months probation, 40 hrs community service and a hefty fine, as well as spent 7 days in jail, I feel that this was a injustice, the time spent in jail was enough. I have no job and no car or reliable sorce of transportation there for making it difficult as well as a hardship to comply with these orders. What can I do about this ? can I appeal? Also can I get an public defender for this? Please tell me what can I do?


Asked on 12/14/10, 3:06 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You';re lucky. Stealing is stealing no matter what the reason. You COULD have gotten a year in jail and $1000 fine, plus costs. So your sentence was actually fairly light.

In any event, you are asking at the wrong time. The time to get a lawyer is before the case. You could have asked for a public defender. In the right case you might have done better.

Can you appeal? Maybe (appeals and motions must be done within 30 days of the hearing). But be aware that you could succeed and get a worse sentence - and get that year in jail.

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Answered on 12/19/10, 4:02 pm
Lawrence Lewis Lawrence Lewis, P.C.

You can return to court and ask the judge to reconsider the sentence in its entirety (unlikely to work), or ask the judge to convert more of the fine into community service. You need to do as much community service as you can. Why do I think that? You told me. You are in a place where you don't have $ 15 in your pocket for food. The people in your company do not have $ 15 for food. You do not have a car or a job. Therefore, you need to retrain your mind. You need to find employment, and a better group of people to keep your company. If you volunteer with Habitats for Humanity you will be introduced to people who can substantially improve your situation. First, you can get training on how to lay file or hardwood, or learn plumbing work, and maybe even land a job. Second, you can get connected to folks that can help you find decent housing. Third, you will improve your company. OR you can continue down the road you are on, which will clearly result in a prison sentence, for something that you did not do.

There is no appeal to a guilty plea. You can ask the judge to withdraw the plea, but since you were in jail for 7 days before you entered the plea, I know that you were not drunk of high when you entered the plea. The judge will not appoint a public defender.

So, the real answer: Convert the sentence into something that will benefit you long-term. A ton of community service, no fine, and a chance to learn an employable skill. Good luck.

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Answered on 12/19/10, 4:56 pm


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