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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my friend and i were caught stealing from kmart last week.

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my friend and i were caught stealing from kmart last week. They took the retail price and it totaled 98.00 even though everything was on sale. The cops came took us down to the jail did finger prints and gave us a court date. That date is tomorrow. Do we plead guilty or not guilty? What will the judge ask us? This is a first time for both of us. Neither of us have any kind of record. Doing research people said to offer to take a class or diversion program so we have no fees or anything on our record. Others have said to ask to do community service. I have no idea what to expect or say or do? Do we need a public defender? if so is that a free service? Thanks so much Nicole
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Roger replied 6 years ago.

Depending on the value of the item stolen, the crime can be a Class C Felony, fine between $1,000 to $10,000 down to a Simple misdemeanor - fine between $50 to $500.


Class C Felony - up to 10 years, down to simple misdemeanor - up to 30 days. Work release may be granted in misdemeanors, community service may be imposed for felonies.


In your case, you should be looking at a misdemeanor conviction, probation (no jail time), a small fine and community service. Also, the court will probably ban you from the store (if the business requests it).


You can ask for a public defender and he/she can try to negotiate a pre-trial diversion agreement with the prosecutor to keep this off of your record.



Customer: replied 6 years ago.
is there a cost for a public defender? when do i ask for one, there or do i need to call today?
Expert:  Roger replied 6 years ago.
There is no cost. You can ask for one when you go to court. The judge can continue the case until the next court date if the attorney needs more time.
Customer: replied 6 years ago.

so how are we to plead then?

Expert:  Roger replied 6 years ago.
You can plead not guilty and ask for a public defender. You can always change your plea.
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