Legal Question in Criminal Law in Pennsylvania

Re: 1st Misdemeanor Retail Theft

Do not allow her to just plead guilty. Plead not guilty so that the witnesses have to appear at court. Often, these witnesses are paid to show up, i.e., it's their job, so they most likely will. Once they are at the hearing, the attorney you hire will be able to negotiate a possible settlment that will preserve her clean record. Being convicted of a "theft" crime is not good to future employers. It shows lack of trust.

Lastly, the MDJ, depending on the facts of your case, can withdraw the charges because she made/makes restitution, does community service or otherwise "earns" the dismissal of the charges. The MDJ may also request that she attend ASI, which is a school held throughout the state on the weekend that, if successfully completed, will result in the dismissal of the charges. ASI is only available to people who have never been in trouble before.

Good luck and spending some money on an experienced criminal defense lawyer may help her earn a lot more money once she has her degree and develops a career.

Re: 1st Misdemeanor Retail Theft

I substantially agree with Mr. Sughrue's comments, but I would offer you some other thoughts. The hearing in front of the Magesterial District Judge is not where you would enter a plea - it is a preliminary hearing. Very often, if you waive the preliminary hearing, the DA will agree to a disposition of the case that does not involve having a criminal record.

I recommend you invest in a lawyer to help with the process. If you cannot afford an attorney, go the Public Defender office for your county. (I'm not sure if this is in Pottstown or if that is just your home zip code.)

Good luck to you.