Legal Question in Criminal Law in Michigan

retail fraud in the 3rd degree plea bargain process

I have posted a few different questions on this website, but most of the answers have only recommended me getting an attorney, which I realize is my best option. Yet, I'm not sure I can afford one. So I have a few questions about my options if I can't afford an attorney. Here is my situation: I was arrested for retail fraud in the 3rd degree, In Cascade Township. I am ordered to appear before Judge Smolenski on April 8. I unfortunately was scared and talked to the police though I realize this was a mistake there is nothing that can be done about it now. My questions are:

1. Can I contact the prosecuter's office about a plea bargain without a lawyer, and how do I go about this?

2. What are the differences if I do have a lawyer, and what are my chances of qualifying for a first offender program like the HYTA--I'm 20--with vs without a lawyer. What will be the differences in Fines and probation that I might be able to expect.

3. Is there a way for me to get a court appointed lawyer before my arraingment, so that they could help me with this plea bargain process.

4. What would be a cost estimate for a case like this, I have contacted a few lawyers for a free consultation, but they have yet to get back to me

thanks


Asked on 3/29/09, 3:26 pm

2 Answers from Attorneys

retail fraud in the 3rd degree plea bargain process

Your question is similar to saying you need surgery but you're not sure you can afford a surgeon and therefore you'd like someone to give you instructions on the internet about how to do surgery yourself.

Prices for lawyers vary a lot and the numbers depend on many factors including (but not limited to) the experience level of the lawyer, the skill of the lawyer, etc. Perhaps you've heard that you get what you pay for. Even if you have to settle for a court appointed lawyer, that will still be better than you trying to practice law on your own. Hopefully you'll be able to find a way to hire an experienced, aggressive attorney to help you through this.

www.AggressiveCriminalDefense.com

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Answered on 3/29/09, 3:52 pm
William Morrison Action Defense Center

Re: retail fraud in the 3rd degree plea bargain process

Look Kid, it's fairly simple.

1. You appear at your arraignment. If the magistrate offers HYTA, you take it. If he doesn't you plead Not Guilty which gets you a pretrial at a later date..

2. You show up for the pretrial and get in line to see the prosecutor. You ask the prosecutor for HYTA. He says OK, if you plead guilty. You do as he says.

3. You complete HYTA on probation and your case is dismissed.

No, you can't contact the prosecutor before pretrial. No, you can't get a court appointed attorney before your arraignment - only at pretrial. Your fines,costs, and probation will be at the judge's discretion.

You ignorance of the process works in your favor in a way because you'll keep asking questions throughout the entirety of the proceedings and probably won't commit to anything until you're fully satisfied that you completely understand. Don't press it though. Pay attention!

If you can't understand the foregoing, than you absolutely need a lawyer.

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Answered on 3/29/09, 8:57 pm


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