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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32939
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My 17 year old daughter was arrested for shoplifting in May

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My 17 year old daughter was arrested for shoplifting in May 2013. Her friend actually stole the merchandise and got caught heading towards my daughter outside. The police and the manager at Walmart thought they were in on it together but my daughter only had a red bull drink that her friend had given her (she didn't know her friend had not paid for it when she went out of the store). I can't afford an attorney. What should we do? Our court date is this Thursday, 9/19.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

This is in adult court, correct? If so, have her plead not guilty and ask for a court appointed attorney.

Customer:

She is 17 so it is an adult court. She was in possession of a red bull but thought her friend had paid for it. Her friend's mom has hired an attorney. Is there any way I could get a public defender to assist us in court this Thursday? Will the judge be upset that she is pleading Not Guilty?

Dwayne B. :

No, the judge expects her to plead not guilty and she can ask for a court appointed attorney at that time. You may want to call the clerk of court and see how the judge likes to handle this, sometimes they want the defendant to fill out an information sheet or application ahead of time.

Dwayne B. :

Almost everybody pleads not guilty at their first appearance.

Dwayne B. :

Are you still there?

Customer:

Thank you for the information. We will plan on pleading not guilty this Thursday and ask for a court appointed attorney. I will also call the clerk of courts to find out what else we need to do. I appreciate your help.

Dwayne B. :

You're very welcome. Best wishes to you and your daughter on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

I'll exit now to assist others.

Customer:

No problem.

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Customer: replied 3 years ago.

Dwayne B....following up with your advice. My daughter wants to plead guilty at court tomorrow against my advice. Her friend is planning on pleading guilty per her attorney's advice.


What will probably happen if she does plead guilty? Will the judge let her tell what happened at Walmart?


 


Keri

No, if she pleads guilty the judge doesn't care what happens. He will just sentence her. Some judges would be lenient and others would give her the maximum because there is nothing to prevent them from doing so. Just pleading guilty without a lawyer reviewing the case first is a very, very bad idea.