I have to go to court today cause I took a wallet from the casino and was going to mail it to the lady. I took the wallet back to the police and my citation I gave to a girl in the office that claimed she would give the items to the police. I have her name she said not to worry she would call if I needed to show up for court I waited now I was cited for not showing up what can I use as my defense I'm worried???
Country relating to Question: United States
State (if USA): New Mexico
Dear JACUSTOMER - Whenever you fail to appear in court it can be serious. This was an order from the court and whether someone promised to deliver the wallet privately did not negate your duty to appear. So now you not only have the theft of the wallet to worry about you also have the failure to appear. You need to be represented by counsel and not worry about what defenses you may have. That will come later and an attorney can assist in working out a deal with the court to get the best possible outcome. If you cannot afford an attorney the court will appoint one at no charge but it is essential that you be represented. At your first appearance all you will be doing is entering a plea and you will need to plead not guilty which gets the case into the court system to give your attorney time to negotiate with the prosecutor. So when you go to court you need to ask the judge to appoint a lawyer and you can also plead not guilty. Beyond that you should not say anything or discuss the case with anyone but your attorney.
What is the worst that can happen if I agree to being guilty of not showing up for my court date and not guilty of Stealing the wallet
Don't agree to anything. Whenever you have two or more charges the likely outcome will be that you will plead to one and have the other dismissed. You would be taking away your leverage if you admit to either one. The likely outcome would be that you would be sentenced on the charge you pled guilty to but I can't tell you what the judge would do as to actual sentencing. You will be making a big mistake if you plead guilty to anything without a lawyer to represent you.
25 years experience practicing attorney
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