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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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I JUST E-MAILED YOU BEFORE .i WANT TO KNOW HOW HIGH THE ...

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I JUST E-MAILED YOU BEFORE .i WANT TO KNOW HOW HIGH THE BAIL COULD BE SET FOR AT THE ARRAIGNMENT tUESDAY.tHIS IS MY SECOND ARREST,HOWEVER THE OTHER ARREST WAS FOUR YEARS AGO. i STOLE OR TRIED TO STEAL $392.00 WORTH OF MERCHANDISE FROM SEPHORA.ALSO, MY LAWYER TOLD ME TO THROW OUT THE PAPER WHiCH SAID I COULD UNDER NY STATE LAW BE CIVILLY SUED FOR MONEY LOST IN DAMAGES-HE TOLD ME THIS IS JUST A SCARE TACTIC PEOPLE WILL USE.I SUFFER FROM SEVERE MENTAL ILLNESS.ALSO,WITHIN HOW MANY COURT APPEARANCES WILL I PROBABLY HAVE TO MAKE. THIS LAWYER IS CHARGING EXORBEDENT FEES AND I JUST CAN'T AFFORD TO GO TO KEEP GOING BACK TO THE DAMN COURT .LIKE SAY FIVE TIMES.CAN THIS BE RESOLVED IN ONE COURT APPEARANCE.I WANT TO GET THIS RESOLVED AND PUT IT BEHIND ME AS QUICKLY AS POSSIBLE.I ALSO DON'T WANT MY LANDLORD TO FIND OUT BECAUSE THEY SAID IN THE LEASE IF YOU HAVE ANY TYPE OF CRIMINNAL OFFENSE , YOU CAN BE EVICTED. CAN THEY DO THIS.IAM ALSO NOT HAPPY WITH MY LAWYER-CAN I SWITCH LATER ON OF THIS DRAGSON
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michelle replied 8 years ago.

Dear Customer

Bail is set to ensure that someone is going to appear at trial. It also is set based on the seriousness of a crime and/or whether the court feels this defendant is a risk to public safety. A shoplifting charge of this nature is a misdemeanor, and while it does carry a penalty including jail time, it is not usually one that the sole basis would be a bail. Again, you will need to show that you have ties to the community, a job, family - etc. Bail can be set at any amount a judge deems to be reasonable and cannot be excessive by law.

If you feel that your lawyer is charging too much - I suggest you contact the DA and work out a plea agreement. This will cut down on court appearances. However, it will leave you with a conviction that you are concerned with eviction because of. Of course, the only way your LL is going to find out is if they do a background check and since you already live there I do not have a reason to think they would do an "update" on you - unless this is a HUD rental and then you would have some concerns.

Also, you can terminate your attorney, if you do not feel comfortable with this one.

 

Customer: replied 8 years ago.
Reply to Michelle's Post: Yes. I have concerns about bail because this is the second offense in four years.My lawyer said that there probably won't be any,however with my luck lately, I don't know.He said to plea "not guilty", then what-could I have it be like the last time and have it sealed?
Expert:  Michelle replied 8 years ago.

Dear Customer

I suggest your attorney is giving you accurate legal advice and that you would be wise to follow it. I further suggest that he is correct on his assessment of the bail situation as I have explained how the bail is determined in my previous post. I can sense your angst over this matter - I suggest you try to relax and leave the matter to your attorney - that is why you hired him/her. If you are found not guilty, then you can have it sealed.

Best to you,

 

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