Legal Question in Criminal Law in Pennsylvania
1st Misdemeanor Retail Theft
my girlfriend was charged with M1 retail theft for an incident that occured early september 07. She was cited for taking $170 dollars worth of clothing and jewerly from a department store after she was observed and detained by the stores loss prevention officer until local police arrived. We finally recieved paperwork (filed late november) last friday. She is a college honor student with a clean criminal/traffic history. What can we expect from the MDJ when she has to appear in court in January? I know the max is 5 years in prison, but what can she expect to recieve in terms of sentencing? She admitted guilt in the store and its pretty open and shut so she plans to plead guilty.
2 Answers from Attorneys
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.
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