Criminal Law Questions? Ask a Criminal Lawyer.
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There is not such criminal charge as "stealing / theft of junk".
so that would not be an option.
Did your attorney request a deferred prosecution for you?
I MEAN I STOLE JUNK AND WHAT I DENY TAKING ARE DIDNT HAVE TO DO WIT HIS OTHER THINGS THAT WERE TAKEN OFF THE PROSPERTY AS WELL IN ANOTHER BUILDING\
I understand, so it might be possible for your local attorney to negotiate a plea to a reduced charge of misdemeanor theft and not burglary
AND COULD HE GET ME a deferred prosecution agreement with theft misdemeanor
yes, it might be possible if this is your first offense
yes it is
how could I ask attorney this
You would let your attorney know, that you would like to apply for the deferred prosecution.
Such request would have to be made by your attorney and approved by the prosecutor.
Does this make sense?
why does defferd prsocutio nagreemtn come befor expungment
why do people prefer deferred prosecution agreement more than expunmgment
in what cases would a person be denied expungment are deferred prosecution agreement
Deferred prosecution means, that if you complete your sentence, your criminal case will be dismissed without a criminal conviction.
Makes sense so far?
Expungement means criminal conviction would be expunged for private purposes, but still would have to be disclosed and can be viewed for government purposes
That is why most people would go for deferred prosecution, as that would allow the person not to have a criminal conviction.
what do you mean disclosed
Meaning that if defendant applies for a federal job or some government license or permit, the conviction would have to be stated, even if it is expunged.
what about if the da tells you to confess to something you didn't do and you have to tell on job application what you did what are you suppose to do lye every time that you did something you didn't do?
defendant should never confess to any crime that defendant never committed.
eve nt oget a lighter sentence
even to get a lighter sentence
Well, you can plead guilty to a charge, without making specific confessions.
so if I took junk and didn't take someone's chainsaws are guns I should not confess to the taking of guns and chainsaws
Of course not.
so I could plea guilty just to junk taking and not the others that was taken
It is never a good idea to confess to any criminal act that someone did not do.
It would be up to the DA
I CAN TELL THE JUDGE ARE COURT THAT I AM ONLY CONFESSING TO TAKING OF JUNK NOTHING ELSE
But it might be possible to please to a reduced charge of misdemeanor theft
No, you would have to plead guilty to the charge, to which you agree to plead guilty to, but you don't have to provide the judge with any specifics.
why should I have to plea guilty to something I didn't do even though what there charging me for I had nothing to do with
I agree with you.
so basically if person pleas guilty they don't know what you pleading guilty too
You should let your attorney negotiate a plea to a reduced charge
well, you would plead guilty to a specific charge.
even though they have it written down as a misdemeanor theft these are the charges and I had nothing to do with that stuff that was taken
But you do not have to tell the judge the details related to this charge.
It sounds like your local attorney might not be very effective.
Do you have a public defender?
can you tell them the specific charge you wish to be charged with the one they have evidence you did not the one they have no evidence
no I have a hire attorny
your attorney can tell them as to which reduced charge you would be willing to plead guilty to, but DA does not have to agree to it.
If DA does not agree, then your case will be tried at trial.
Do you have any related follow up questions for me?
no that should be all
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