Retail Theft (Summary Offence) First time PA $100. Can someone please suggest how things work. I mean after I/ Attorney file paper for not guilty. What will happen. Store has all the proof in videos. So, will they be adamant to prove guilt and how likely usually it is to get plea deal. And what if it goes to trial. Does it make a difference if it goes to trial or if we change from instance later for not guilty to guilty ? And how about jail term ? Is that a possibility by any chance ?
State/Country relating to question: Pennsylvania
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
After a plea of not guilty is entered by the defendant, the court will give the defendant another court date to appear. Normally, the attorney would make a demand for discovery and look over all the evidence that the State has and will be using in the prosecution of the case. The attorney at that time will advise the defendant if it is in their best interest to take a plea or go to trial, assuming they have defenses to raise. If they want to take a plea, they can speak with the prosecutor to get one and change their plea from not guilty to no contest/ guilty, to resolve this and close the case out. For a first time offender, jail is highly unlikely but the defendant could face a fine, court costs, community service, not be allowed to return to the store, restitution and maybe probation.
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Thanks for your reply.
So what I am trying to ask is that - Is plea always a possibility ? And if attorney filed papers for not guilty can the instance be changed on the first court date itself and things can be solved out on the same date .. and case can be shut ? or there has be more court dates ? And anyone of these increases the chances of serving jail term ?
I certainly understand your concern. In a situation like this, a plea is possible and the prosecutor will give a plea deal. They want to close the case out and move on. At the next court appearance, the defendant can ask for an offer to resolve this.
So why does this needs an next court appearance ? I mean why it can not be done on the first appearance after filing paper for not guilty ?
Yes, it certainly can be resolved. At your original appearance, which was missed, it could have been resolved. However, since you had to file paper work to get it placed on the docket again, it would be at that time you can ask for a plea and resolve it. The fact that it is set in August, is a result of a backlog of criminal cases in the system. Please let me know if you have any other questions. If not, please rate my help with 3, 4 or 5 faces/stars, so I can get credit. Thank you.
You have been really patient. Thank You!
HIGHLY unlikely that they would not offer a plea. They want to close the case out and move on. They have a heavy case load and the last thing they want to do, is go to trial on this. A plea is offered in lieu of going to trial. Almost every case, except serious felonies, involve a plea offer from the State. The prosecutor will offer it and then it is up to the defendant to accept it. If the defendant has an attorney, they could try and negotiate it down, if possible but there is no guarantee. As far as your other question, if a person is taking into custody, arrested and charged, their prints are taken, as well as a mugshot. The purpose of fingerprints, is to have the person in the system, in case a search needs to be done, to identify the person. It is all part of the arrest process, when a person is charged.
I am almost done.. you have been really kind. Just one very last thing.
It will be offered by the prosecutor/State attorney, assigned to the case, in the court room.
Oh Ok. I used to think that if store is pressing private criminal charges then the prosecutor is a private attorney hired by store . .. Isn't it ?
The crime is against the State. The store is the victim.
You have given me so much value able information and without being annoyed ...
Your welcome. Just make sure to rate my help when we are done, so I can get credit. If you were a victim, you would need to report this to the police, who would investigate and charge the person who committed the crime. The evidence would then be turned over to the State, to file and prosecute, if they feel there is enough evidence to proceed. A victim does not need an attorney, since the State represents their interest.
Experience defending misdemeanor and felony cases.
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