Shoplifting, Larceny, Robbery, Theft Charged with second degree larceny

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fchrismeussner

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I was wondering if you can tell me what I'm up against. I live in Connecticut, and I have been charged with second degree larceny. The larceny took place at my place of work, and the full amount of money has been paid back. My employer agreed that given that the full amount was paid back, they would drop the charges against me. I have been to court twice. I was denied Accelerated Rehabilitation because I had previously used the program for a small foolish larceny charge two years ago. My next court date is in 2 weeks, in which I will be appointed a public defender because the prosecutor said that most likely there will be a conviction.

My questions are:
If the charges were dropped, why is this happening?
If the charges are dropped, can I still be convicted?
Should I bring my employer in to my next court date to verify that the court system knows that the charges have been dropped?
What type of conviction/sentencing am I looking at?
Is there anything I can do to better my cause? Join a church group, community service, or help any charity (things like this).
 
Q: If the charges were dropped, why is this happening?

A: They have not been dropped; it is not up to your employer.


Q: If the charges are dropped, can I still be convicted?

A: See first answer.


Q: Should I bring my employer in to my next court date to verify that the court system knows that the charges have been dropped?

A: See first answer.


Q: What type of conviction/sentencing am I looking at?

A: Tell us what statute number you were charged under.


Q: Is there anything I can do to better my cause? Join a church group, community service, or help any charity (things like this).

A: I suspect the judge has seen actions like that before; they are not real credible.
 
1 Cts 53a-123 Larceny Second Degree.

So once the charges are dropped there will be no further legal proceedings? Or at least no jail time?
 
fchrismeussner said:
1 Cts 53a-123 Larceny Second Degree.

So once the charges are dropped there will be no further legal proceedings? Or at least no jail time?
Click to expand...

Q: If the charges were dropped, why is this happening?

A: They have not been dropped; it is not up to your employer.
 
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
Generals advice:

Follow up on what seniorjudge has posted, exclude "Do not bring small children or your friends."

Pack the court room full of your "freinds" aka:witness's. (court transcrips are not very accurate, take a small recorder if you don't believe me)

Deny jurisdiction until its proven, something like this:

"6. It is an undisputed fact that the courts usurp jurisdiction primarily through deception and illusion. The Accused denies jurisdiction to the court in all matters before the court. The Accused denies jurisdiction under the colorable law of "One Form of Action" or "Statutory Jurisdiction". The Accused demands the court produce a copy of the "Rules of Criminal Proceedure for Statutory Jurisdiction" or "One form of Action" in order that he may prepare a proper defense. The Accused comes before the court under duress only because of the abuse of the courts power to arrest and incarcerate.

7. It is an undisputed fact that "Jurisdiction cannot be presumed" Smith v. McCullough 46 S.Ct. 338 and "Once jurisdiction is challenged, it must be proven." Hagens v. Lavine 415 U.S. 533 and "No sanction can be imposed absent proof of jurisdiction." Standard v. Olsen 74 S.Ct. 768"

THIS IS PART OF MY ACTUAL MOTION TO DISMISS(thats why it's numbered)above and below:

"8. It is an undisputed fact that under the Common Law, one does not commit a crime unless one willfully damages another real person by depriving said person of Life, Liberty, or Property. The Accused will require at all prosecutions, as provided for under the Sixth Amendment to the U.S. Constitution, and Article I Sec. 16 of the _____ Constitution, the body of a natural person (corpus delicti) and all real parties in interest as a damaged party and not the alleged representative of said party. If there is no injured natural person, the Accused demands this action be dismissed for want of jurisdiction per Article I Section 21 Constitution of State of_____.

9. It is an undisputed fact that when the court denies a demanded Right, it loses all jurisdiction over the Accused. The Accused understands that Rights are bestowed by nature's God and secured by the Constitution for the United States and/or the Constitution of the State of _____. The Accused has studied, understands, and will enforce every point of this document through appeals, the Justice Department and the Judicial Review Board."

and:

"10. It is an undisputed fact that court-appointed counsel is both incompetent and beholden to the Accused's adversary. see Burgett v. Texas 389 U.S. 109, the Accused demands that the court make monies available so that the Accused may find competent impartial counsel on the Accused's own, in whom the Accused may have confidence. If these demanded monies are not made available, the Accused will stand before the court in propria persona without counsel, and under the foregoing conditions, only the Accused can speak for the Accused Chandler v. Fretag, 348 U.S. 3 ; Faretta v. California, 422 U.S. 806. The Accused understands that one cannot be incarcerated by the court unless one has counsel at trial. The Accused will NOT sign a waiver to counsel. The Accused will engage counsel only under the aforesaid conditions see, Argersinger v. Hamlin 407 U.S. 25 (1972) et al."
 
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fchrismeussner said:
1 Cts 53a-123 Larceny Second Degree.

So once the charges are dropped there will be no further legal proceedings? Or at least no jail time?
Click to expand...

Once the charge was filed, the posecutor has descresion. Actually, if your employer attempted to stop it, they could be charged.

Think of it like the blade comming down.

Your case will go forward(even though it's extremely foolish for a pros. to do this when the "victim" is not pushing it). You must prepair your defense, plea it out, or plead guilty.

I'll take my chances with a jury any day.
 
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