Criminal Law Questions? Ask a Criminal Lawyer.
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Can you please tell me in which state this took place?
Unfortunately, your friend has been charged with a serious misdemeanor crime.
This criminal offense carries a penalty of up to 1 year in jail and a fine of up to $6000 upon conviction.
Does this make sense?
It is never a good idea for anyone charged with a crime to plead guilty.
It would be a good idea for your friend to consult and retain local experienced criminal defense attorney and hopefully this local criminal defense attorney can negotiate a plea deal, that would allow your friend to enter into a first offender program and avoid any jail time and criminal conviction record.
Does that make sense?
Do you have any related follow up questions for me?
If your friend cannot afford a private attorney, she can apply for a free public defender, but public defenders do have very large case loads and simply don't always have the time and energy required to each case that is assigned to them.
Your friend has admitted to a crime and such confession / admission can be used in court to convict your friend and if your friend is convicted she can face up to 1 year in jail and a fine of up to $6000
This is why your friend does need to consult and retain an experienced local criminal attorney as soon as possible.
Yes, if she was not under arrest
Police only had to read Miranda rights when the person has been arrested or detained.
I she simply volunteered her admission, unfortunately it would be admissible in court.
Well, did police videotape her confession?
Was the admission recorded or videotaped by anyone?
possibly, but police will always deny the fact that the Miranda rights were not read.
And even if the Miranda rights in fact were not read prior to questioning, it will take a skilled local criminal defense attorney to get the confession thrown out, based on the police failure to read Miranda rights to your friend.
It is not Walmart
Your friend has been charged with a serious crime by the state prosecutor
It is not up to the Walmart at this point, as far as what happens to your friend.
Each store has its own internal policies.
In many cases the decision to call police and press charges is up to the store manager and loss prevention supervisor.
It can be as high as 1 year in jail or as minimal as a year or two probation, fine and community service.
In most cases first time offenders would not be sent to jail, however in some cases it happens.
Each attorney sets his/her own rate, so it would be hard to guess, but it can be anywhere from $1,500 to $5,000 or more
It would be a good idea to contact several local criminal defense attorneys and get their rates and feedback
I am very sorry.
Please understand that I have to provide customers with correct information, even when such information is not favorable to the customer.
You can find an experienced local criminal defense attorney by using this well trusted and reliable attorney information / referral websites:
I wish you the best of luck and please let me know if you have any related follow up questions.
Thank you and good luck!
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