Shoplifting, Larceny, Robbery, Theft Desperate For Advice!!!

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mollyann

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Well, I am new here and in dire need of some advice.....

My husband, who has never been in any kind of trouble (not even a speeding ticket) was arrested for stealing a little over $3,000 from his employer. They had him arrested and he pled guilty. He wants to do the right thing. He has a court date coming up soon and we have no idea if we should have an attorney or not. We don't know what to expect will happen in court. Even if we do, I am told that retaining a lawyer would be at least $2500 up front. Money that we don't have!!

Secondly, my husband recalls an instance where someone else in the company was caught taking money before he was. The other guy stole over $6000 and was only fired. He wasn't arrested or charged. The only difference is that the other guy was a friend of one of the managers. Is that fair? Is it ok to let one go and tear into another? This has nearly devastated our family financially. My husband lost his job, of course, and has just recently found a good paying job to get us back on track. Now I fear what will happen to me and our children if he has to go to jail.

Any advice on what we may be facing will be greatly appreciated!!!!!!!!
 
Well, I am new here and in dire need of some advice.....

My husband, who has never been in any kind of trouble (not even a speeding ticket) was arrested for stealing a little over $3,000 from his employer. They had him arrested and he pled guilty. He wants to do the right thing. He has a court date coming up soon and we have no idea if we should have an attorney or not. We don't know what to expect will happen in court. Even if we do, I am told that retaining a lawyer would be at least $2500 up front. Money that we don't have!!



Your husband needed an attorney the minute he was arrested. Have him ask the judge for a public defender or do some shopping to find a private lawyer.




Secondly, my husband recalls an instance where someone else in the company was caught taking money before he was. The other guy stole over $6000 and was only fired. He wasn't arrested or charged. The only difference is that the other guy was a friend of one of the managers. Is that fair? Is it ok to let one go and tear into another? This has nearly devastated our family financially. My husband lost his job, of course, and has just recently found a good paying job to get us back on track. Now I fear what will happen to me and our children if he has to go to jail.

This is totally irrelevant to your husband's case.
 
thank you....

Thank you for responding to my post. I just have so many questions. Please bare with me....this is all just so foreign to me. Can you give me any idea of what to expect on court date? Will this just be an appearance to plea? Do you think it will help any that he admitted to doing this? We weren't sure if we needed a lawyer since he has already told police that he is guilty. What kind of punishment does something like usually get?
 
Seniorjudge is so much more than right. You desperately need to be represented by a lawyer. Do whatever you can to obtain one as soon as possible, even if that means taking out a loan or second mortage or even a loan against a car title.
 
thank you for your advice. I am afraid that we have been misled by well meaning friends. We were under the impression that since he has already admitted guilt that there was no need for an attorney. We were also told that he would most likely get probation. Now I am worried about both....
 
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.
 
He can still use a lawyer for the upcoming court date to help with sentencing.
 
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He was arrested at work by city police. At the station, he was questioned and admitted guilt. We called a friend who is a bail bondsman and it cost us $200 to get him home. We were only told at that point that there would be court in May. That's why I am so worried. Noone ever told us what to expect or that we should get a lawyer. The investigator just told my husband that his cooperation would go a long way. I have no idea what that means. I know plenty of people probably say this but... my husband did something wrong. We want to do what we can to make it right. He really is a good man that did a bad thing. Do you have any idea what we should expect as far as punishment goes?
 
Ask your lawyer to beg and plead for a suspended sentence and probation.

The lawyer will explain all the details.
 
mollyann said:
Thank you for your help..... I didn't know where else to turn to.
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The prosecutor and the judge may look more favorably upon your husband if he pleads guilty, but I cannot emphasize too much how important it is for him to get a lawyer!
 
Your husband should have at least a public defender, he should be talking with him/her.

The employer needs to have proof an employee stole, so perhaps that is why they did not file charges against the first guy.
 
You have to request one. Ask the court clerk as soon as possible so you can see if you qualify.
 
mollyann said:
that's where part of my confusion lies....when will we be given an attorney if we can't afford one?
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Your husband was told the first time he was in court (and, if fact, when he was arrested) that if he could not afford to hire a lawyer, one would be appointed to represent him.
 
This will be his first court date. I am not sure what happened when he was arrested....he was scared out of his mind! His arraignment is what we do first, from what I understand. I have been told that he should plead not guilty until we have a lawyer. Do you agree with that?
 
mollyann said:
This will be his first court date. I am not sure what happened when he was arrested....he was scared out of his mind! His arraignment is what we do first, from what I understand. I have been told that he should plead not guilty until we have a lawyer. Do you agree with that?
Click to expand...

Are you changing your facts?

...They had him arrested and he pled guilty....

In any event, GET A LAWYER!!!
 
NO!!!! I am not changing my facts!! Please dont think such a thing! I called our circuit clerk's office and the lady I spoke with told me that we would want to plead not guilty because we won't have a lawyer to defend our case. I even went as far as to ask her if that wouldn't be lying and she said that we could change the plea later and the lawyer and prosecutor would work it out. I am not trying to twist anything here. I am confused by conflicting information. We understand that my husband has done wrong...and are not trying to wrangle out of anything. Just want to know what we are facing. That's it. Your suggestion of changing facts is far from the truth......
 
That isn't what seniorjudge was saying...it is just the facts are different and it's hard to reply when they change. Did he have an arraignment or not? If not, then at that time plead not guilty and ask for a lawyer to be assigned based on inability to pay. You'll have to provide financial documents to prove it, but I don't know what kind. I know it is confusing went through it with my son and still going through it. Pleading not guility will not be lying...it just gives you a chance to get a lawyer to help you through this and boy you really need help. Get a second job to pay for a lawyer if you have to and aren't given one. Maybe bring a current paystub as the taxes would reflect last year's income. Like I said though don't know what they may require. Anyone here know?
 
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