someone please answer me, please

Status
Not open for further replies.
M

mhopcroft

New Member
My husband was caught on tape taking some lottery tickets. he never played them, just took them, then threw them away because he felt bad about it, the amount was undisclosed according the police report, the officer handcuffed him & let him go with a citation because it was just a misdemnor, he has to go to the jail & be photograghed & fingerprinted tomorrow, his court is This Monday, will they just appoint him a lawyer that day? will he get jail time? We are both scared to death!!!!!!!!
please any answers would help us!!!!!!!
 
Relax, as long as he doesn't have any long criminal history to speak of and he isn't currently on probation then the judge will likely give him a fine and put him on probation of 6 months. He may also be given community service, depending on his age. You court date Monday is your arraignment and when you plead Not Guilty (which is what you should do), you will be given a new trial date. You don't need an attorney for this small, petty crime unless you truly want to fight it. Also, if he hasn't been in any trouble before, they may offer him with PTI (pre-trial intervention) and this way it won't remain on his record after a period of about 6 months to a year. Go talk to your local D.A.'s office about requesting PTI. Hope I helped
 
here is the deal... he don't have a long criminal history, but 7 yrs ago in another state he got busted for credit card fraud, got probabtion & then got V.O.P.. but he served his time, paid over 3500 bucks worth of fines/court cost & has been doing good since 2002.. that is when they FINALLY got him on VOP
soo... does this all change now?
 
The 7-year old charge won't matter. The reason I advised you to plead not guilty is so that you could buy some time for a couple of months or so until you can talk to a public defender. The public defender will then have all of the evidence against your husband and you may actually be able to plea the charge down or you even may be able to beat the charge. Remember, as Americans we are innocent until proven guilty. They have to prove, beyond a shadow of a doubt, that your husband stole those tickets and didn't plan on paying for them. I'd talk to an attorney but if you just plead guilty, he won't get a stiff penalty.
 
Thank You so very much! so he won't get in trouble if he pleas not guilty even though he is??? like later on in the next court hearing?
 
No, your first court appearance is called your arraignment. The only thing an arraignment is for is to plead guilty or not guilty, nothing more. If you plead not guilty, the paperwork will go to the prosecution so they can get their case ready for the new "trial" date. If you plead guilty, the judge will impose your punishment then and there. What I'm telling you is that it doesn't hurt to plead not guilty and fight the charge. I say deny everything and let the prosecution prove 100% that your husband stole them. If he's found guilty, he'll receive the same punishment. Now what will happen very likely if you plead not guilty is that when you arrive for his trial, the public defense lawyer will pull you aside and offer you a plea bargain offered by the D.A.'s office and the state. This is so the prosecution doesn't waste their time on a miniscule crime.
 
I hate to disagree with some of you

I would recommend you contact a lawyer ASAP, as a repeat offendor, the DA will not be so willing to just let this one go.

has anything new transpired since you originally posted?
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top